The Pretoria Magistrates’ Court has sentenced Thabo Xolani Masoka, 32, to life imprisonment for the rape of an 11-year-old girl with Down syndrome, in a ruling that underscores South Africa’s firm stance against gender-based violence. The National Prosecuting Authority (NPA) welcomed the verdict, emphasizing its commitment to protecting vulnerable victims.
The assault took place on September 18, 2022, in a block of flats where Masoka resided alongside the victim and her mother. According to court details, the incident occurred around 7:45 PM as the victim’s mother was closing her salon, located on the premises. The girl began walking home but went missing shortly after. “The mother arrived at their flat and realized the child was missing,” said Lumka Mahanjana, NPA Regional Spokesperson in Gauteng. With help from residents, the mother searched for her daughter. A witness reported seeing the girl walking with Masoka to his flat.
Residents confronted Masoka, finding the child in his apartment. “When questioned, he said he does not know why she was there,” Mahanjana stated. Police were called, and Masoka was arrested on the scene. The state successfully opposed bail, and he has remained in custody since.
In court, Masoka pleaded not guilty, claiming the minor was his girlfriend, that they had consensual sex, and that he believed she was 17. Prosecutor Andries Ntjana countered with medical and psychiatric evidence proving the child lacked the capacity to consent. During sentencing, Masoka sought leniency, citing his wife and three children. Ntjana opposed this, arguing, “Masoka lacked remorse, he continued to maintain his innocence even after conviction.” He added that Masoka, as a neighbor, “betrayed the mother’s trust” and was meant to protect the child.
Magistrate Lynn Pillay found no grounds to deviate from the prescribed minimum sentence. “Life imprisonment [is] appropriate,” Mahanjana quoted the court. The NPA hailed the decision, with Mahanjana stating, “This ruling reaffirms the NPA’s unwavering commitment to delivering justice for the most vulnerable members of our society, particularly children with special needs who are often targeted due to their dependence and trust.”
The verdict reinforces South Africa’s resolve to combat gender-based violence, especially against defenseless victims, with Mahanjana adding, “No one is above the law.”
