A MARCH is being planned to protest against the lenient treatment received by an accused rapist in the Inkanyezi Court in eShowe on Friday.
The One-in-Nine Campaign and Lawyers against Abuse have been assisting ‘Ms P’ with legal advice relating to a rape case she brought against the perpetrator, who was then employed by the Department of Health to conduct HIV Counselling and Testing at the King Dinizulu clinic.
During the court hearing on 5 December last year, the suspect pleaded guilty to the rape charge.
Before he gave his statement, Ms P and the first report witness were asked to leave the courtroom.
No reasons were given for this request and the accused was convicted of rape by the magistrate.
Another twist in the case, however, was the prosecutor not opposing bail and the magistrate not requiring the prosecutor to give reasons for not opposing bail.
Sentencing is due to take place on Friday.
The One-in-Nine Campaign and Lawyers against Abuse have raised their concerns with the National Prosecuting Authority (NPA) on 30 January.
These include the violation of the complainant’s section 34 constitutional right to dignity when she was asked to leave the courtroom during the testimony of the accused when he gave his version of events and pleaded guilty.
Another concern is the accused is still out on bail, despite the fact that he was found guilty for rape which is a schedule 5 offence, which is a violation of section 60(11)(b) of the Criminal Procedure Act, which states that when an accused is charged with a schedule 5 offence, ‘The court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduced evidence which satisfied the court that the interests of justice permit his or her release.’
