SCHOLAR TRANSPORT DRIVER SENTENCED TO LIFE IMPRISONMENT FOR THE RAPE OF A NINE-YEAR-OLD CHILD

By Lumka Mahanjana
NPA Regional Spokesperson Gauteng Division: Pretoria

The National Prosecuting Authority (NPA) welcomes the life sentence imposed by the Pretoria Regional Court on Given Mpho Mphahlele (41), a scholar transport driver from Mamelodi, after he was convicted of the rape of a nine-year-old child.

At the time of the offence, Mphahlele had been employed as a scholar transport driver for only two months.

The court heard that in June 2021, the victim’s seven-year-old brother was being dropped off at home by Mphahlele after school.

During the trip, Mphahlele instructed the boy to tell his nine-year-old sister that they should visit him at his residence.

He also told the child to inform their mother, who was at home, that they were going outside to play.

Mphahlele then provided the boy with directions to his house.

Upon arriving home, the boy relayed the message to his sister.

Together, they informed their mother that they were going outside to play and proceeded towards Mphahlele’s residence.

Along the way, they encountered Mphahlele driving home.

He instructed the children to follow his vehicle.

When they arrived at his house, Mphahlele gave the seven-year-old boy money to buy tea bags from a nearby shop.

When the victim insisted on accompanying her brother, Mphahlele instructed her to remain behind.

After the boy left, he locked the door, undressed himself and the child, and raped her.

He stopped when the victim’s brother returned and began knocking on the door.

Mphahlele then dressed both himself and the child and threatened to kill the victim’s mother if she disclosed the incident.

Before they left, he gave the children R4 to buy chicken heads.

A month later, in July 2021, while the victim’s mother was sending her to Mphahlele’s next-door neighbour, the child became distressed and started crying.

When her mother enquired about the reason, the child disclosed the rape.

The matter was immediately reported to the police, and the victim was referred to the Mamelodi Thuthuzela Care Centre (TCC), where she received medical care, psychological support, and legal assistance.

Following investigations, Mphahlele was arrested on 19 August 2021.

During the trial, Mphahlele pleaded not guilty and denied committing the offence.

However, Prosecutor Corrine Sam presented evidence that proved the State’s case beyond a reasonable doubt, resulting in his conviction.

During sentencing proceedings, Mphahlele requested the court to deviate from imposing the prescribed minimum sentence, arguing that he has three children who depend on him financially as their mother is unemployed and he is the sole breadwinner.

The State opposed the request and argued that a life sentence was appropriate, highlighting that Mphahlele had shown no remorse for his actions, even after his conviction. Prosecutor Sam further submitted that the accused had occupied a position of trust as a scholar transport driver entrusted with the safety and well-being of children.

Instead, he abused that trust and violated the innocence and dignity of a vulnerable child.

In handing down the sentence, the court agreed with the State that the accused had shown no remorse and had exploited the vulnerability of an unsuspecting child.

The court found no substantial and compelling circumstances justifying a deviation from the prescribed minimum sentence and concluded that a life sentence was appropriate.

The NPA remains committed to prosecuting sexual offences, particularly those committed against children.

The NPA also encourages victims of Gender-Based Violence (GBV) to make use of the services provided through its Thuthuzela Care Centres, which offer integrated support, including medical treatment, counselling, and legal assistance.