29 Jul 2025

Atamelang of Lobatse Magistrate Court has extended remand for the trio accused of gang raping a 13-year-old minor of Kgoro in Good Hope District on July 11.

The accused, a 30-year-old Wabile Mohlomi of Kgoro, 19-year-old Phenyo Khubitla of Good Hope and 17-year-old Botshelo Motswagole of Good Hope appeared before magistrate Atamelang on Monday charged with a single count of rape.

State Prosecutor Ms Miriam Amos had requested the court to further remand the trio as investigations on the matter were still ongoing. 

Also, she said the victim was still undergoing medical examinations while psychological support was still being arranged. 

She said other factors were that one of the accused, Motswagole who is a minor had the right to legal representation from Legal Aid as per the Children’s Act. 

“It is a set legal standard that someone who has committed an offence and is below 18 years, he or she must be given legal representation.  The files are still being prepared in that regard,” she said.

In their bail pleas, the first accused Mohlomi and second accused Khubitla pleaded with the court to grant them bail with the promise that they would not temper with the investigations. Meanwhile the third accused Motswagole requested to be released on bail citing reasons that he was scheduled to write the  junior certificate mock examinations which started on July 28.

Nonetheless, magistrate Atamelang stood his ground and refused to grant them bail on the grounds that investigations were still ongoing. 

He also said the newly amended Bail Act addressed public concerns about bail procedures and enhanced rights of victims by giving them a voice in bail proceedings.

He said the law took into consideration the seriousness of the offence and the safety of the community particularly in cases of rape and sexual assault.

He said he was not in a position to call the victim to the stand at present for the reason that the matter was still fresh adding that a court appearance by the victim to contest against their bail application was likely to subject the victim to trauma given the sensitive nature of the offense.

Furthermore, magistrate Atamelang said he had taken into consideration that Motswagole was scheduled write junior certificate mock examinations  and would involve relevant authorities such as social workers to make arrangements for him. 

He also advised the suspects to make an appeal to his ruling at the High Court if they so wish. They are scheduled to appear in court again on August 12.

According to the police report, the victim was raped at one of the accused’s home at Kgoro, after picking her up on the way from a store in Good Hope. The matter was reported to the police by the victim’s mother after noticing some changes in her daughter. ENDS