The State v Thobilizwi Maqam

The accused, Thobilizwi Maqam, was convicted of six offences arising from separate incidents involving three female victims. These included two counts of housebreaking with intent to commit an offence, one count of kidnapping, and three counts of rape. One victim was 15 years old at the time of the offence, another rape involved the infliction of grievous bodily harm, and all incidents involved the use of weapons and concealment of identity. The offences occurred more than a decade before the accused was apprehended, largely because he concealed his identity during the attacks. DNA evidence eventually linked him to the crimes. The victims suffered severe and long-lasting psychological, emotional, and social consequences.

The accused was sentenced to three years’ imprisonment on each of the two housebreaking counts (to run concurrently), five years’ imprisonment for kidnapping, life imprisonment for the rape of Siphokazi, life imprisonment for the rape of Siyolise, and 15 years’ imprisonment for the rape of Aphelele. He was further declared unfit to work with children, and his particulars were ordered to be entered into the National Register for Sex Offenders and the National Child Protection Register.

The case reinforces the strict application of South Africa’s minimum sentencing regime for serious sexual offences and underscores the judiciary’s intolerance of rape, particularly where victims are vulnerable. It also highlights the long-term impact of sexual violence and the court’s role in recognising secondary victimisation by state institutions.