Expert's report delays serial rapist's sentencing until next year

The sentencing of convicted serial rapist Nkosinathi Emmanuel Phakathi, 38, has been postponed to March next year in order for him to secure a clinical psychologist's report.

On Thursday, in the high court trial sitting at the Palm Ridge magistrate’s court in Ekurhuleni, Phakathi’s legal aid representative Adv Lekau Kgokane said the psycho-social pre-sentencing report would be available on March 1.

“The defence is not ready. Unfortunately, we ran into a series of challenges. We managed to secure the assistance of a clinical psychologist. The assurance we have been given is that the sought report will be readily available on March 1 2023,’’ said Kgokane.

Kgokane asked that the matter be postponed to March 27.

State prosecutor Adv Salome Scheepers did not oppose the defence’s request.

Acting judge Lesego Makolomakwe postponed the matter to March 27 to 30 for the defence to prepare the report and for sentencing proceedings. Phakathi remains in custody. 

“The request is valid because it is important that all relevant factors are presented in court before a decision is made,’’ said Makolomakwe.

Last month, Phakathi was found guilty of 148 charges of rape, sexual assault, kidnapping, robbery with aggravating circumstances and theft.

Phakathi was found guilty on 90 counts of rape, three counts of compelling a child to witness a sexual act, 43 counts of kidnapping, two counts of assault and four of theft. He has no previous convictions. 

Earlier in court, the courtroom was packed with activists from the Community Safety Gender-Based Violence Brigade. Two of Phakathi’s victims were also present.

Phakathi, who pleaded guilty to all charges, hobbled into the courtroom on crutches. 

He was seated in the dock with his face buried in his hands during the proceedings.

Phakathi terrorised women in Ekurhuleni for nine years before he was arrested at the Barcelona section of Etwatwa township in March last year. His raping spree dates back to 2012, with victims as young as nine years old. 

He has been kept at a prison hospital at Modderbee Correctional Services Centre since his arrest. His leg had to be amputated after he was shot by police when he tried to flee during his arrest. 

kokam@sowetan.co.za