Teen raped, killed woman, 95

A youth who was 17 when he raped and murdered an elderly Uitenhage resident should receive direct imprisonment under the Child Justice Act, the Eastern Cape High Court in Port Elizabeth heard yesterday.

Phumzile Mabope, 19, was convicted last month on 12 charges which included murder, rape, robbery with aggravating circumstances and housebreaking with intent to steal.

The most horrific of the charges involved the brutal murder and rape of an elderly Uitenhage resident, 95-year-old Maria Vermaak.

Mabope had claimed that he had gone to Vermaak’s Luyt Street home to steal avocados from a tree on the property. He admitted to killing her, but denied the rape.

The elderly woman was severely assaulted and the court found Mabope had raped the woman before she died.

Between November 2015 and February 2017, the teenager went on a crime spree and broke into at least four homes and a business.

During pre-sentencing proceedings yesterday his lawyer, Jodene Coertzen, said Mabope’s upbringing made for a sad story and that he embarked on a life of crime to survive. Coertzen said had he received better guidance from his parents, the youth might not be sitting in the position he was now.

However, she conceded that the only suitable sentence was that of direct imprisonment and asked the court to sentence him in terms of the Child Justice Act, with a jail term of less than 25 years.

“A sentence of 25 years is unjust. A sentence of that length would be failing the accused and taking away any chance of rehabilitation,” said Coertzen.

In aggravation of sentence, the state ar- gued that socioeconomic circumstances should not have determined his actions.

The prosecution said the victims, most of whom were elderly, were defenceless against the attacks and had suffered severe trauma.

The state said Vermaak was frail and Mabope had infringed upon her rights to safety.

The state further added that Mabope still had a suspended sentence hanging over his head at the time he committed a string of housebreaking crimes, including the rape and murder of Vermaak.

The state asked that Mabope be jailed on all counts.

The Child Justice Act is a criminal justice system for minors that expands on and entrenches the principles of restorative justice.

The objectives of the Act are focused on rehabilitation and the reintegration of the child into the community.

The Act offers different sentencing options, ranging from community-based sentences to a maximum sentence of 25 years in prison.

Judge Dayalin Chetty will hand down sentence on Thursday. – ANA

A sentence of 25 years is unjust. A sentence of that length would be failing the accused and taking away any chance of rehabilitation.

Jodene Coertzen Lawyer for murder-accussed Phumzile Mabope