Johannesburg - Murder and rape accused Ntokozo Zikhali has been sentenced to life imprisonment for the rape and kidnapping of a nine-year-old girl.
This week, the 28-year-old was acquitted of the murder of four-year-old Bokgabo Poo.
Tsholofelo Poo and Irvin Ndlovu, Bokgabo’s parents, joined Wattville, Ekurhuleni, residents who were protesting outside the Benoni Magistrate’s Court yesterday, just days after Zikhali’s acquittal.
Judge Ian Cox acquitted Zikhali of the kidnapping, rape, murder, and mutilation of Bokgabo.
Zikhali had earlier pleaded guilty to the second case involving a nine-year-old girl.
Ndlovu said he was devastated when the court found Zikhali not guilty of murdering his child, so he joined the community outside court to protest against the ruling.
“The community is not happy. That is why we are here to put pressure on the law enforcement agencies as a community. I am quite emotional at the moment. We are grateful for the support given to us by members of the community,” he said.
Bokgabo went missing in October, and her dismembered body was later found in two separate locations.
According to neighbours, she was last seen playing with a friend.
According to the National Prosecuting Authority (NPA), DNA samples were not able to link Zikhali to Bokgabo’s murder.
NPA spokesperson Lumka Mahanjana confirmed that the Pretoria High Court sitting in Benoni found Zikhali from Brakpan guilty of raping a nine-year-old girl.
However, the court found him not guilty on a charge of kidnapping, murder, and violation of the corpse of Bokgabo, as well as defeating the administration of justice.
Mahanjana said Zikhali was charged based on two case dockets.
“The first docket was of the rape of a nine-year-old, where it was alleged that on August 8, 2021, the minor was playing with her friends in the park in Tamboville when Zikhali approached her, picked her up, and took her to a dam, where he raped her and ran away. Zikhali was linked to this offence through DNA evidence. After that incident, Zikhali was arrested and released on bail,“ Mahanjana said.
She said the second case docket was opened while he was still out on bail following the rape and murder of Bokgabo, who disappeared with Zikhali on October 10.
“The State led evidence of video footage showing the man and the four-year-old walking in close proximity to each other. Further, the State also relied on a confession and pointing out the scene by the accused.
“The court found that the pointing-out process was not procedural, as the accused person was not properly read his rights, therefore, the judge ruled against the admissibility of that evidence.
“The investigator who took down the confession statement of the accused testified in court that when the accused was making the confession statement, he had bruises on his body and had told him that he had been assaulted prior to making the statement. Therefore, the judge ruled against the admissibility of that evidence as it was taken as coercion,” Mahajana said.
According to the NPA, the State was left with video footage evidence that was found to be inconclusive and therefore not proof beyond reasonable doubt against the accused.
“In such circumstances, where the evidence that the State relies on is inconclusive and thus ruled inadmissible, the only appropriate ruling is acquittal. The State therefore accepts the court's ruling, although it is understandable that it leaves the family and the community devastated that they did not get the closure and justice they hoped for,” Mahanjana said.
The Star