JOHANNESBURG – Ekurhuleni serial rapist, Nkosinathi Phakathi, is pleading mental instability, which will determine whether he is sentenced to prison or a psychiatric facility.
Phakathi, who was convicted on 90 counts of rape, was meant to be sentenced earlier this week but a report submitted to the court by a clinical psychologist prevented this.
Phakathi’s crimes spanned from 2012 until his arrest in 2021.
The majority of his victims were school-going children, the youngest being nine.
Section 78 and 79 of the Criminal Procedure Act makes provisions for people who suffer from mental disorders.
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Essentially, if a report by a medical practitioner suggests an accused suffers from a mental disorder, the court is obliged to have the accused sent for psychiatric evaluation.
A report by clinical psychologist, Doctor Linette Roux, suggests that Phakathi suffers from at least four mental disorders, the most prevalent being schizophrenia.
Phakathi appeared in the Pretoria High Court on Friday morning.
“Having regard to the allegation contained in the report by Dr Roux, that indeed Mr Phakathi is schizophrenic, the court directs that the matter be inquired into and be reported on,” said Judge Lesego Makolomakwe.
Over the next month, Phakathi will undergo psychiatric evaluation by three psychiatrists.