NOORDWESTER – ZEERUST - The National Prosecuting Authority (NPA) welcomes the life imprisonment sentence handed down by the Zeerust Regional Court to Nicholas Shimane Thomas (49) for the rape of his 6-year-old niece on 10 February 2019 in Naledi location near Zeerust.
The court also declared Thomas unfit to work with children and ordered his inclusion on the National Register for Sex Offenders, reinforcing the NPA’s unwavering commitment to combating gender-based violence (GBV) and protecting vulnerable children.
On 10 February 2019, the victim, a 6-year-old girl, was playing with other children in the accused’s yard in Naledi. Around 10:00, Thomas, the victim’s uncle, lured her into a shack adjacent to his main house. He locked the door, undressed himself and the victim, and raped her.
After the assault, he allowed her to leave, and she fled to her home, where she immediately disclosed the ordeal to her mother. The mother reported the incident to the South African Police Service, and medical evidence confirmed the assault.
Thomas was arrested on 12 February 2019, released on bail, and remanded in custody. Thomas pleaded not guilty, denying the allegations.
State Prosecutor Advocate Ntebaleng Mabale presented compelling evidence, including the victim’s testimony, now 12 years old, facilitated through intermediary services to minimise trauma, and medical evidence corroborating the rape.
A Victim Impact Statement, compiled with Court Preparation Officer Thembinkosi Madiba, detailed the profound physical and psychological trauma endured by the victim, including ongoing fear and distress.
The court found the prosecution’s evidence overwhelming, rejecting Thomas’s defence as implausible and convicting him of rape.
In aggravation of sentence, Advocate Mabale argued that Thomas’s actions were premeditated, exploiting his familial trust and targeting a vulnerable child. She highlighted his lack of remorse throughout the trial and the devastating impact of GBV, urging the court to impose the prescribed minimum sentence of life imprisonment under Section 51(1) of the Criminal Law Amendment Act 105 of 1997.
Magistrate Okaeng Mothibi concurred, stating, “The accused’s predatory violation of a defenceless child, entrusted to his care, demands the severest penalty to protect society.” Finding no substantial or compelling circumstances to deviate, the court sentenced Thomas to life imprisonment, declared him unfit to work with children, and ordered his inclusion on the National Register for Sex Offenders.
The NPA commended the courage of the young victim, whose immediate disclosure, supported by her mother, ensured accountability.
