DEMAND FOR 13 LIFE SENTENCES
State says serial rapist failed to prove exceptional circumstances
THE STATE has called for 13 life sentences to be imposed on Khayelitsha serial rapist Soyisiso Nofemele, who confessed to raping 11 girls.
State advocate Samantha Raphels argued in the Western Cape High Court yesterday that Nofemele had failed to prove that exceptional circumstances existed to justify a deviation from the prescribed sentence of life imprisonment for the rape and murder of minors.
Nofemele, 26, was convicted on Monday of 12 counts of rape, 12 counts of abduction and one of murder.
He confessed in court to abducting each of his victims, aged between two and eight, by luring them from their homes with the promise of chips and sweets before raping 11 of them. One of the girls was raped twice. Raphels argued that lawmakers attached specific sentences to specific crimes for a reason, emphasising that the court could deviate from the minimum sentences only if extraordinary elements were put before court.
Nofemele’s lawyer, advocate Yasmine Rajap, argued that her client’s age, the fact that he had pleaded guilty, saving the victims the trauma of a protracted trial, and that he was remorseful were all exceptional elements. She said Nofemele wanted to change his life and be rehabilitated.
The court heard that Nofemele had grown up in Umthatha and moved to Khayelitsha in 1992. His father died when he was young and he was raised by his mother and stepfather, who beat him often.
But Raphels countered that all Nofemele’s circumstances were discounted by the “violent sexual assault” on the girls and the impact on their families. She said the Khayelitsha community was “crying out” for justice.
Raphels said the State had an overwhelmingly strong case against Nofemele based on his DNA – found on most of the girls – so the fact he pleaded guilty did not assist the State.
She asked that 13 life sentences be imposed, twelve for each count of rape and one for murder.
Judge Thandazwa Ndita said yesterday that sentencing was an arduous task and she needed time to formulate an appropriate sentence.
Sentencing is expected on Monday.