By Thys Khiba – The North Gauteng High Court has sentenced Ntokozo Zikhalito life sentence for the rape and kidnapping of a nine-year-old girl on Thursday.

His sentencing hearing is linked to the crimes that he committed in 2021.

BREAKING #BokgaboPoo Ntokozo Zikhali has been sentenced to life imprisonment for the rape and kidnapping of a 9year old girl. #eNCA pic.twitter.com/JtyreOgVRM

— Silindelo Masikane (@Sli_Masikane) August 10, 2023

The accused was charged based on two case dockets.

The first docket was of rape of a 9-year-old, where it was alleged that on 08 August 2021, the minor was playing with her friends in the park in Tamboville, when Zikhali  approached her, picked her up and took her to a dam, where he raped her and ran away.

Convicted

He was linked to this offence through DNA evidence. After that incident Zikhali was arrested and released on bail.

He pleaded guilty to the charge of rape of the 9-year-old girl and pleaded not guilty to all other charges.  

The matter was postponed to 10 August 2023, for sentencing proceedings, following the conviction on rape.

Judge Ian Cox said the accused showed no remorse for the crime despite his guilty plea.

Cox said child rape is one of the most harrowing crimes confronting the country.

“The rape of children has become an epidemic in this country. Rape is the most horrific and dehumanising violation of a person, it vexes the soul more than violating the body.

“The accused trampled on the constitutional rights of the complaint and showed her no respect. There is no justification for what he has done,” said Cox.

Last week, the Gauteng High Court in Pretoria, sitting in Benoni, found Zikhali not guilty of Bokgabo Poo’s murder.

The 28-year-old accused was charged with kidnapping, murder, violation of a corpse and defeating the ends of justice after Poo was kidnapped from Masoleng Park in Wattville, Benoni, on 9 October 2022.

The 4-year-old Bokgabo was raped and killed, and residents later discovered parts of her mutilated body in Tamboville, also in Gauteng’s East Rand.

The National Prosecuting Authority (NPA) spokesperson LumkaMahanjana said the State has accepted a court ruling which acquitted Zikhali.

“The state therefore accepts the court’s ruling, although it is understandable that it leaves the family and the community devastated that they did not get the closure and justice they hoped for,” said Mahanjana said.

Mahanjana indicated that in circumstances where the NPA relies on evidence that is inconclusive and thus ruled inadmissible, the only appropriate ruling by the court is acquittal.

The state presented a video footage showinng Zikhali and the 4-year-old walking in close proximity of each other.

Further, the state also relied on a confession and Zikhali’spointing out of scene.

The court rejected all this evidence.

“The court found that the pointing out process was not procedural, as the accused person was not properly read his rights, and therefore the judge ruled against the admissibility of that evidence.”

The judge ruled against admissibility of that evidence as it was taken as coercion.

“Furthermore, the investigator who took down the confession statement of the accused, testified in court that when the accused was making the confession statement, he had bruises on his body and had told him that he was assaulted prior to making the statement,” Mahanjana said.

The court saw a video footage of Zikhali walking away from the park with Poor and concluded that it was inconclusive, and therefore was not proof beyond reasonable doubt against the accused.

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