The Gauteng High Court in Pretoria has overturned the conviction of a businessman who had been serving a life sentence for rape after finding that the state failed to prove its case.
Pule Ashley McDonald Mokou had been convicted in the Benoni Regional Court in connection with an incident dating back to 2017.
He was sentenced in February 2023 to five years’ imprisonment for kidnapping and life imprisonment for rape, with the sentences running concurrently.
However, Mokou challenged both the conviction and sentence on appeal – a move that ultimately led to the case being dismissed.
Conflicting versions of events
The case centred on events at a golf club on 14 July 2017.
According to the complainant, she was smoking outside the golf club when Mokou allegedly assaulted her and, together with his friend Lucky, forced her into a vehicle.
She testified that she was taken to Mokou’s home, where she was raped by him and later by Lucky.
Mokou denied the allegations, telling the court that he knew the complainant from previous interactions (past relationship or sexual encounters).
He described a different sequence of events, saying a physical altercation broke out between the complainant and his girlfriend at the golf club, leaving both women injured.
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According to Mokou, he suggested they go to his house so he could take them to a medical facility the following day.
He maintained that he spent the night in his bedroom with his girlfriend and did not leave, while the complainant remained in the garage with Lucky.
His girlfriend supported his account, confirming the confrontation and denying that Mokou – described as “a businessman of means” – assaulted the complainant.
Gauteng High Court questions complainant’s testimony
The High Court, in its 26 March 2026 judgment, found that serious concerns existed regarding the credibility and reliability of the complainant’s testimony, particularly given inconsistencies and gaps in her recollection.
Judge Frances Reid, with Judge Anthony Millar concurring, highlighted that the complainant admitted to drinking alcohol on the night of the incident and struggled to recall key details on numerous occasions.
“The magistrate appears to have overlooked the significance of these deficiencies.
“When a witness’s memory is so impaired, the reliability of her account is necessarily called into question.
“The fact that a witness cannot remember crucial details is not a neutral factor; it goes to the very core of the reliability of the evidence,” the judgment reads.
Doubts over kidnapping account
The court also found the complainant’s version of the alleged kidnapping unlikely.
Reid pointed to inconsistencies in her account, including her claim that she was forced into a vehicle that had to be pushed to start.
“In these circumstances, it is improbable that no one observed the incident or that the complainant, who was with her friends, would not have called for help.
“Her friends did not testify, and no explanation was given for their absence or why they did not become suspicious when the complainant vanished.”
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The court also pointed to the complainant’s failure to seek assistance despite having access to her cellphone.
The judge noted that while she sent a voice note the next morning, she did not explain why she failed to contact police or friends earlier, even though she had the opportunity to do so.
Accused’s account backed by evidence
In contrast, the court found Mokou’s version to be consistent and partially supported by objective evidence.
Medical findings relating to injuries sustained by his girlfriend aligned with his account of an altercation between the two women.
Reid ultimately rejected the complainant’s testimony.
“The objective medical evidence did not support her version, and her conduct after the incident, including accepting money and consuming alcohol and food at the appellant’s home, was inconsistent with that of a person who had been brutally raped.”
The judge upheld the appeal, concluding that the state had not met the required burden of proof.
Mokou’s convictions for both kidnapping and rape, along with the sentences imposed by the lower court, were set aside.
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