cde SOUTH AFRICA –9 June 2009Frustration and tension rose outside the Wynburg magistrate court, north of Johannesburg, where human rights groups picketed against the handling of Busisiwe Tlokwe’s rape trial last week.
According to People Opposing Women Abuse (POWA), the purpose of the protest was to draw attention to unnecessary delays in rape cases and the impact by the delays towards the survivors, and to remind the court of its constitutional obligation in ensuring that rape survivors have rights including access to justice and protection by the legal systems. Training and public manager of POWA, Carrie Shelva, stated: “We are here to show solidarity with the rape victim, and show that we are vigilant.” The legal adviser of POWA, Wendy Isaacks, echoed the same sentiments in what is called justice delayed: “We are going to make noise and keep wearing these t-shirts and involve the media and show that we are not going away.” Tlokwe* was gang raped in Tembisa, in the East Rand, in 2005 and reported the case to police, and since then there had been fourteen cases without conclusion. The case prolonged due to the fact that it was at some stage struck off from the court roll and accused released from custody after a police docket linking to the case went missing. Also some accused did not attend the court. However, after application with the directorate of Public Prosecutor at Johannesburg High Court, the case was reinstated at the Tembisa court and then transferred to the Wynburg Sexual Offences Court. After 3 years, the Wynburg court heard that the defending attorney had been practising unlawfully, which meant the case proceedings had to start afresh. Reacting to the news, Carrie Shelva said, “we received the worst possibly news. We did not expect to hear what we heard.” Under section 9(1) of the South African Constitution, “everyone is equal before the law and has the right to equal protection and benefit of the law.” So according to POWA the state’s failure to finalise speedy trials breaches the state’s constitutional duty as enshrined in section 9(1) of the constitution. Isaacks said; “The last postponements have caused anger and the state has failed its duty to protect women.” The victim is bitter about all the deliberations. “I’m still angry. And before, I would advise people when raped to report to the police. But now I would say they should just go and wash”, the victim outburst where family and friend were obviously outraged about the circumstance. Bahle Ngcobo, who is a family member, raised her voice that “we must be heard [that] as the family we are angry [and] why should the case be postponed? From 2005 to 2009 we are saying the same thing. We are tired of these boys. We can’t stay any longer with this case while these boys are celebrating.” we need to intervine cde to these matter so they will be no delay on the case -- [email protected] cell:0789228959 tell:021-3618160 fax:0866682445 --~--~---------~--~----~------------~-------~--~----~ You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . -~----------~----~----~----~------~----~------~--~---
