The court rejected the accused's claim of consensual sex, finding that his girlfriend had submitted out of fear for her life.
Picture: iStock
The Molopo Regional Court in Mahikeng has handed a 31-year-old man, who raped his girlfriend in front of their three children, a life sentence.
The court found that Ndamulelo Mashaba had subjected his girlfriend – a 28-year-old Botswana national – to threats, violence and severe intimidation in addition to the rape.
Girlfriend forced to cross into South Africa illegally
National Prosecuting Authority (NPA) regional spokesperson Lindiwe Mabasa said evidence before the court revealed that Mashaba forced the woman to cross into South Africa illegally at knifepoint in 2024.
According to the evidence, Mashaba travelled to his girlfriend’s home in Botswana on 11 April 2024 and asked that the children visit him in Makgobistad, North West.
The woman agreed and assisted with the children’s necessary border documentation.
The court heard that while the family walked near the Molopo River on the Botswana side of the border, Mashaba took out a knife and threatened to stab his girlfriend.
“She had previously told him that she wanted to end their relationship because of his abusive behaviour,” Mabasa said on Monday.
“She blocked the attack, causing the knife to fall, but Mashaba forced her to cross into South Africa illegally and took her to his home.”
Mashaba threatens, rapes and stabs lover
At his home, Mashaba used a rope to hang the girlfriend in front of their children.
Fearing for her life, she submitted to his demands and he then raped her in the children’s presence, Mabasa said.
At a later stage, the woman asked for permission from the man to visit a neighbour, where she began disclosing the abuse.
Mashaba arrived while she was recounting the ordeal and demanded that she leave with him.
“When she refused, he struck her on the head with a beer bottle and stabbed her twice,” Mabasa said.
“She collapsed, and he subsequently took her to a local clinic for treatment of her serious injuries.”
Court rejects Mashaba’s claims
During the trial, prosecutor Kefentse Diseko presented the evidence of two witnesses, who were prepared for court by victim preparation officer Themba Madiba.
In challenging Mashaba’s defence of consent, Diseko highlighted the complainant’s forced removal from Botswana and the threats and violence she endured.
The court accepted the complainant’s evidence and rejected Mashaba’s version and claim that the sexual intercourse was consensual.
“It found that her apparent compliance resulted from duress and fear for her life and did not constitute consent,” Mabasa said.
The court also declared Mashaba unfit to possess a firearm and ordered that his name be entered into the National Register for Sex Offenders.
“The NPA remains committed to pursuing justice for survivors of sexual violence,” Mabasa said.
“Being in a relationship does not entitle anyone to sex, and submission under threats or violence is not consent.”
