Rape convict learns the hard way

The Court of Appeal has ruled that an appellants ignorance of their HIV status is not 'exceptional extenuating circumstance' in a bid to overturn their trial verdict.

Molatlhegi Jonas was convicted and sentenced to 20 years for rape and five years for robbery both of which run concurrently.  However, he was contesting his rape sentence saying that it was too 'stiff'.  The Court of Appeal found that Jonas knew of his HIV status prior to the rape incident though he denies this. Court of Appeal judges Elijah Legwaila, Monametsi Gaongalelwe and David Newman agreed with a Selebi-Phikwe principal magistrate's decision to impose the 20-year sentence. 

“It is not within the powers of this court to reduce the sentence in the absence of exceptional extenuating circumstances. The appellant's HIV positive status is not an exceptional extenuating circumstance,” said Legwaila.

Editor's Comment
Let us all go to vote

Figures released by the country’s electoral management body have shown that a total of 1, 037, 684 people have registered to vote.However, eligible voters could be discouraged by events leading to the voting day like poor execution of advance voting amid talks that the elections could be unfair.There have also been threats by certain opposition politicians that shall the elections not be free and fair, they will halt them.Despite these...

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