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May 10, 2023

Botshabelo Magistrates' Court makes example of woman who opened false rape case

Botshabelo Magistrates' Court has set an example with a woman who opened false rape case

Magistrate Wilma Le Roux sentenced Mpho Christina Mafemere (40)  to 30 months in prison for opening a false rape case against a Tebogo Madela (32) whom she claimed owed her money. The 40-year old woman appeared at the Botshabelo Magistrates' Court and was found guilty of perjury.

HE DID NOT WANT TO PAY

The court heard that on 27 November 2021, Mafemere went to Boithuso Police Station to open a rape case against Madela, who was arrested on 09 December 2021. Nine moths after the arrest on 21 September 2022, Mafemere confessed, before the prosecutor, that she was not raped, but she opened a rape case against Madela because he did not want to pay the money he owed to her.

TABLES TURN

The State Prosecutor, Malefane Mokoena, made her write a withdrawal statement, and thereafter ordered the police to conduct an investigation. Mafemere was arrested on 28 September 2022 for opening a false rape case. Madela had already spent 10 months in jail, awaiting trial, after he abandoned his bail application. Mafemere pleaded guilty in January 2023 and pleaded for a suspended sentence but the state opposed since an innocent man spent months in jail for a crime he did not commit. The state negotiated for a custodial sentence. "The charge against the accused is very serious because had she proceeded with her motive, the accused could have been subjected to a lengthy term of imprisonment for something he did not do. She acted selfishly because there are other avenues she could have opted for, like the small claims court, but she chose to act cruelly against the accused. If the court does not impose a direct term of imprisonment, Madela will not have any confidence in the criminal justice system, because he would have spent time in prison for something that he did not do, but the person who subjected him to that torture, would be getting just a slap on the wrist. The court must send a message to all people intending to open false cases, that they will be severely punished for their evil actions', said Mokoena.





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