In a significant ruling that has captured national attention, the Pretoria High Court in South Africa sentenced 40-year-old serial rapist Nkosinathi Emmanuel Phakathi to 42 life terms and 791 years in prison. Phakathi was convicted of 94 counts of rape, with most of his victims being children. His horrific crimes spanned nearly a decade and left a trail of trauma across communities.
On October 4, 2024, the National Prosecuting Authority (NPA) confirmed that Phakathi will not only serve his life sentences but also an additional 791 years for various other offenses, ensuring that he will spend the rest of his life behind bars.
Phakathi’s reign of terror lasted from June 2012 until March 2021, when he was finally arrested. His victims were primarily school-going children, with the youngest just 9 years old. His oldest victim was a 44-year-old woman. Many of his attacks occurred while his victims were on their way to or from school or work, often in the early morning or late afternoon.
Phakathi would often pose as an electrician, offering to fix household appliances like geysers or stoves to gain entry into homes. Once inside, he committed his assaults in the presence of children, sometimes raping multiple victims in one encounter. He forced others to watch or participate in his heinous acts, including compelling young boys to assault their female friends.
Despite being linked to many of these crimes through DNA evidence, Phakathi continued to evade capture until a thorough investigation by warrant officer Tlala John Mokoena of the South African Police Service led to his arrest in 2021. The sheer number of charges Phakathi faced—203 in total—underscored the extent of his crimes. Although 55 of these charges were eventually dropped, he pleaded guilty to 148 offenses.
During sentencing, Phakathi’s defense attempted to argue for leniency, highlighting the fact that he had already spent 3 years and 6 months in custody while awaiting trial. His lawyer also pointed out that Phakathi had lost a leg during his arrest and was no longer physically capable of committing further crimes.
However, the court rejected these arguments. Advocate Salome Scheepers, the state prosecutor, emphasized that Phakathi showed no genuine remorse for his actions. Instead, he only pleaded guilty because the overwhelming evidence left him no other option. Scheepers also read out victim impact statements during the sentencing, offering insight into how deeply Phakathi’s crimes had scarred his victims. One young victim described how Phakathi had robbed her of her innocence, preventing her from participating in important cultural rites, such as the virginity testing ceremony.
Acting Judge Lesego Makolomakwe ruled that Phakathi’s lack of remorse, combined with the brutality of his crimes, meant that he could not be rehabilitated. The judge emphasized that the court had a responsibility to protect society from such dangerous individuals. As a result, Phakathi was given the maximum sentence, with no possibility of a reduced term.
Phakathi’s name has been added to both the National Register for Sexual Offenders and the National Child Protection Register. Additionally, the court ordered that his victims be notified if he is ever considered for parole, giving them the opportunity to make representations to keep him behind bars.
The victims of Phakathi’s crimes have been left with deep emotional and psychological scars. During the trial, many of them spoke about how their lives have been permanently altered by his actions. One of the most heartbreaking testimonies came from a young woman who was still a virgin when Phakathi attacked her. She explained that his assault had not only traumatized her physically but also taken away her ability to participate in a traditional virginity testing ceremony, a cultural practice that was very important to her.
The victims’ statements highlighted the long-lasting impact of sexual violence, which extends far beyond the physical harm inflicted. Many survivors spoke about the ongoing fear and anxiety they experience, with some finding it difficult to trust others or feel safe in their own communities.
Phakathi’s crimes also highlighted the vulnerability of children, especially young girls, in South Africa. Many of his victims were ambushed on their way to or from school, a time when they should have been safe. This case underscores the need for stronger measures to protect children from such predators.
Warrant officer Tlala John Mokoena was instrumental in bringing Phakathi to justice. Over the course of several years, Mokoena and his team investigated 96 separate dockets, piecing together the evidence that eventually led to Phakathi’s conviction. DNA evidence played a crucial role in linking Phakathi to several of the crimes, as did the modus operandi report that detailed his methods of targeting and attacking victims.
The National Prosecuting Authority praised Mokoena’s dedication and commitment, noting that his hard work was essential in securing the conviction and lengthy sentence. The NPA also expressed hope that Phakathi’s sentencing would send a clear message about the seriousness with which South Africa’s legal system treats sexual offenses, particularly those involving children.
The sentencing of Nkosinathi Emmanuel Phakathi marks the end of a terrifying chapter for many victims and their families. While no sentence can undo the harm caused by his actions, the court’s decision ensures that he will never again pose a threat to the community. The National Prosecuting Authority hopes that this case serves as a deterrent to other potential offenders, reinforcing the message that justice will be served, no matter how long it takes.
This case also calls for continued efforts to protect vulnerable children and women, ensuring that future generations are safe from the horrors that so many have endured at the hands of predators like Phakathi.
