The court should impose a harsh sentence on one of the seven men convicted of gang raping a pregnant woman in Tembisa in 2005, a probation officer told the High Court in Johannesburg on Tuesday.
Oupa Mohlala, 22, had not shown remorse and a lenient sentence would not do much to change his attitude, said Prudence Chili, the probation officer who assessed Mohlala.
”A suspended sentence is not suitable, because it will not better the accused… it will send a wrong message out and will not deter the accused from committing further offences.
”Correctional supervision will also not be suitable, because he pleaded not guilty which showed that he was not willing to take responsibility… this shows he is not remorseful, ” said Chili.
She recommended that direct imprisonment be imposed as it was the suitable sentence for the offence committed.
”The offence is serious and is punishable by law. They violated the complainant’s dignity, reputation and privacy.
”Society is looking forward to seeing justice being done. Sending the accused to prison will correct his attitude towards the case and help him learn to deal with his feelings of using others for gratification,” Chili said.
Chili said Mohlala told her that he was worried and angry because he was arrested for a crime he did not commit.
Mohlala and Thabiso Thukwane, Sello Mohlala, Bongani Nhlapo, Moeketsi Mphuti, Kabelo Mwale and Mojalesa Seleka were found guilty in June of raping a woman — who has been called Buyisiwe — in October 2005.
While Chili recommended a harsh sentence for Mohlala, a probation officer who assessed Nhlapo proposed a lenient sentence saying Nhlapo had been a minor at the time the crime was committed.
The officer Bannie Rulash also said the court should consider the ”dysfunctional” family system in which Nhlapo was raised.
”At 16 his father rejected the family to live with another family and it’s the probation officer’s opinion that this has left the accused with feelings of rejection.
The accused could be ordered by the court to do community service,” said Rulash.
He had considered the seriousness of the offence in making his decision.
”I do not condone his behaviour, but the problem between the parents affected his growth and development. The reasons I did not consider direct imprisonment was that I looked at his youthfulness at the time of the offence,” Rulash said.
The court was to hear Rulash’s assessment on Seleka from 2pm.