Due to both the victim and the accused being initially unavailable for the state to compile a probation officer’s report ahead of sentencing, a Plettenberg Bay teacher who raped his then-girlfriend’s friend will only hear his fate in 2026.
Thabile Manentsa was found guilty of raping the woman in his home on September 1 2023.
She had slept over at his house only to wake up on the couch in the middle of the night with the man on top of her.
After being convicted as charged, sentencing proceedings were set down for Tuesday.
However, the Plettenberg Bay Magistrate’s Court heard that the matter would now only proceed on January 30, meaning the perpetrator will get to spend the festive season a free man.
The state has already indicated that it will call for a sentence of 15 years’ direct imprisonment as no substantial or compelling circumstances existed to deviate.
In a letter submitted to court on Tuesday, the probation officer requested a postponement for more time to compile the report.
According to the letter, both Manentsa and the complainant were initially unavailable for consultation.
The probation officer said he had gone to the teacher’s residence, but he was not there.
The letter states further that on November 24, the probation officer had called Manentsa, who informed him that he was out of town visiting family in the Eastern Cape.
A consultation was eventually held on November 29.
The letter also states that the complainant allegedly showed no interest in co-operating with the probation officer.
The letter was read out in court by magistrate Siyabonga Mazibuko.
Mazibuko said the probation officer had phoned the complainant to explain the process, but she said she was at work.
When the officer phoned her again in the afternoon, she said she was unable to speak.
A meeting was finally arranged between the two but the complainant reportedly did not show up.
State prosecutor Anele Pike opposed the request for a postponement, and alternatively asked that should the matter be delayed, Manentsa should be held in custody to avoid further delays.
The magistrate, however, found there was no reason to detain Manentsa and postponed the matter for the completion of the report.
He said the report was important for sentencing as it would explain the impact the incident had on the victim as well as the concerns of the community.
It was also important to establish the personal circumstances of Manentsa.
“The report must be conducted, and everything that is needed for the case should be in [the report].
“This is the last [postponement of] the case, I will not postpone this case any further,” Mazibuko said.
Manentsa is out on bail.
The Herald
