The sentencing proceedings against Ekurhuleni serial rapist, Nkosinathi Phakathi, who was convicted on 148 charges relating to rape, have been postponed to March due to a shortage of beds at Weskoppies Psychiatric Hospital.
Phakathi’s case was expected to resume last week in the Benoni Regional Court, however, it was revealed that Phakathi is still waiting to be admitted to the psychiatric hospital.
The convicted rapist is meant to be mentally evaluated to support the evidence presented by the defence’s clinical psychologist, Dr Lynette Roux, who suggested Phakathi showed signs of emotional depression, hallucination and schizophrenia.
At his previous appearance in the Pretoria High Court sitting at the Palm Ridge Magistrate’s Court in September, Phakathi’s lawyer, Advocate Letau Kgokane, brought forward an application to have his client mentally evaluated to support the defence’s version that his client should serve his sentence at a psychiatric facility.
Kgokane told the court that this aspect needed to be cleared up by the psychiatrist who would examine Phakathi.
“I understand the urgency in the speedy finalisation and am fully considering the interest of the public in this matter. This is one case that we cannot afford to cut corners at the expense of justice.
“If justice dictates that the accused be incarcerated for a lengthy period or if justice dictates that the accused be detained in a psychiatric institution, that would be justice,” said Kgokane.
Roux’s psychosocial report, compiled for the defence, stated Phakathi heard a voice in his head that told him who to rape when he committed his crimes.
Roux said the results of tests she administered, comprising over 400 questions, indicated Phakathi needed psychological and spiritual interventions. The matter will return to court on March 4 at the Benoni Regional Court.
He was found guilty of 90 charges of rape, compelled rape (four), causing a child to witness a sexual act (three), kidnapping (43), theft (four), sexual assault (two) and assault with the intent to cause grievous bodily harm (two) last year November.
Phakathi was initially charged with 203 charges. However, according to NPA regional spokesperson Lumka Mahanjana, the State withdrew 55 of the 203 charges.
Phakathi’s victims were between 10 and 44 years old. He pretended to install meter boxes or geysers or said he was a house inspector or a food distributor or someone looking for directions when approaching his victims.
He would rob and rape his victims while threatening to kill them if they reported the matter to the police. He was arrested in March 2021 in Barcelona, Etwatwa, after police searched for him for years following a series of rape cases reported in various areas between 2012 and March 2021.
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