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Two men were initially sentenced to seven years in prison, but their sentences were later increased to 20 years.
Picture: iStock
The Supreme Court of Appeal (SCA) has overturned the conviction of a man previously sentenced to 20 years in prison for rape.
The SCA set aside the ruling of the Gauteng High Court in Pretoria, which had upheld Ramesa Johannes Rathebe’s conviction on 11 counts of rape.
His appeal follows the earlier acquittal of his friend and co-accused, Abel Sekoala, on the same charges.
Two men accused of rape
Rathebe and Sekoala were tried in the Pretoria North Regional Court, where they were initially sentenced to seven years in prison for rape.
The case arose from a complaint by a woman who had previously been in a relationship with Sekoala, which ended in December 2009.
During the trial, the woman alleged that she was gang-raped by Sekoala and Rathebe at her former boyfriend’s residence on 20 February 2010.
She claimed the assault began with Sekoala raping her and continued as both men took turns until the next morning.
She reported the alleged rape the following day and underwent a medical examination on 22 February.
However, Sekoala denied raping his ex-girlfriend.
He testified that the woman arrived at his house that night, but he attempted to chase her away.
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Sekoala alleged that after telling her that he had a new girlfriend in the presence of Rathebe, the ex-girlfriend became emotional and pleaded with him not to end their relationship.
He told the court that she requested to have sex with him one last time, which he agreed to.
However, Sekoala maintained the intercourse was consensual and happened multiple times during the night.
Rathebe testified he had no sexual contact with the complainant.
He acknowledged the troubled relationship between the woman and Sekoala, saying she had previously asked him to mediate.
He claimed to have intervened when Sekoala tried to force the ex-girlfriend out.
Rathebe further informed the court that he later fell asleep on a couch in the lounge while she was crying and, upon waking, saw her doing chores in Sekoala’s bedroom.
Appeals dismissed before SCA steps in
Both men were convicted in the regional court and sentenced to 10 years’ imprisonment, with three years suspended.
Their appeals were dismissed by both the regional and high courts.
In February 2022, the high court not only rejected their appeals but also increased their sentences to 20 years.
Sekoala was later granted special leave to appeal by the SCA in April 2022.
READ MORE: Court criticises father who impregnated daughter as rape sentence appeal rejected
His case was heard in September 2023, and in February 2024, the SCA overturned his conviction.
The appellate court found the complainant’s testimony – the sole evidence presented by the state – to be riddled with inconsistencies and contradictions, highlighting that the lower courts had overlooked these discrepancies.
The SCA also pointed out that the medical evidence, detailed in a J88 form completed by the examining doctor, was neutral and did not support the State’s case.
SCA acquits accused in rape appeal case
Rathebe was released on warning in November 2023, pending the outcome of his special leave to appeal before the SCA.
The SCA handed down its judgment on 30 May 2025, acquitting Rathebe of all charges and ordering his discharge.
Judge Baratang Connie Mocumie criticised the regional court’s conclusion regarding bruises found on the complainant’s arm, calling it misguided.
“The bruises could equally have resulted from the aggressive manhandling by Mr Sekoala when she was being chased out of the house.”
“Unfortunately, this was neither explored with any witness during the trial, nor was the doctor who examined the complainant called to explain which scenario would be consistent with the bruises,” the judgment reads.
Mocumie ruled that the state had not proven its case beyond reasonable doubt.
“For these reasons, Mr Rathebe is entitled to the benefit of the same doubt that Mr Sekoala enjoyed.”
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