Taxi driver behind bars for girl’s (12) rape
The court ruling was life imprisonment, and also ordered his inclusion on the National Register for Sex Offenders.
A 39-year-old taxi driver from Nellmapius Ext 6 was sentenced to life imprisonment by the Pretoria Magistrate’s Court for raping a 12-year-old girl in November 2020.
The court also ordered his inclusion on the National Register for Sex Offenders and declared him unfit to possess a firearm.
The National Prosecuting Authority (NPA) said it is committed to combating gender-based violence (GBV) and protecting children.
Gauteng NPA regional spokesperson, Lumka Mahanjana, said the convicted man, Nkululeko Nkabinde, visited the victim’s home in Nellmapius one night, where her mother was selling alcohol.
Mahanjana said that after purchasing alcohol, he met the 12-year-old victim walking home from a shop, luring her to his residence with a promise of R200.
He drove with her and stopped his taxi at his gate, and insisted she enter his room for sexual intercourse.
“When she refused, Nkabinde raped her twice in the front seat of the taxi,” said Mahanjana.
He then drove her back, dropping her off near a bridge close to her home, and told her not to tell anyone what he had done.
The victim returned home, met her mother and friends who were searching for her, and told them what had happened.
The mother reported the incident to SAPS, leading to Nkabinde’s arrest on December 2, 2020.
Nkabinde pleaded not guilty, claiming the sexual intercourse was consensual and that he believed the victim was older.
State Prosecutor, Advocate Corrine Maria Sam, presented compelling evidence, including the victim’s testimony, facilitated through intermediary services to minimise trauma, and the mother’s corroborating account.
Medical evidence confirmed the assault, noting the victim was a virgin at the time.
The court rejected Nkabinde’s defence as implausible, finding the prosecution’s evidence credible and convicting him on both counts of rape.
In mitigation, Nkabinde requested leniency, citing his responsibilities as a provider for his family.
Advocate Sam opposed deviation from the prescribed minimum sentence of life imprisonment under the Criminal Law Amendment Act of 1997.
Furthermore, he said that Nkabinde showed no remorse for the offences, because even after being convicted, he continued to lie to the court and said the child enjoyed it.
Regional Court Magistrate, Adrian Bekker, agreed with the state that Nkabinde’s ‘cruel’ violation of a vulnerable child, coupled with his lack of remorse, demands the severest penalty to protect society.
Finding no substantial or compelling circumstances to deviate from imposing life imprisonment, Bekker applied this sentence.
The NPA commended the courage of the 12-year-old victim, whose disclosure, supported by her mother and the community, ensured accountability.
Acting director of public prosecutions, Advocate Marika Jansen van Vuuren, praised Advocate Sam and the investigating officer for their meticulous work.
“This life sentence sends a powerful message: the NPA will relentlessly pursue perpetrators of GBV, ensuring justice restores dignity for victims.”
The NPA urged communities to remain vigilant, report abuse promptly, and support survivors through Thuthuzela Care Centres, which offer medical, psychological, and legal assistance.
This case underscores the critical role of families and communities in protecting children and empowering them to disclose abuse.
The NPA called on South Africans to unite against GBV, fostering safe environments where children’s constitutional rights to dignity and safety are upheld, and predators face the full might of the law.
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