PHILANI MAVUNDLA
To my fellow South Africans,
I am writing on behalf of all rape survivors in South Africa, particularly in KwaZulu-Natal.
During my time as mayor of the small farming community of uMvoti, I have witnessed the injustice being done to the children and women of our country.
The recent developments in the case of Nigerian pastor Timothy Omotoso highlight the alarming reality that even when a crime has been committed, perpetrators can walk away without facing consequences.
It seems that the State is failing to prove its case, resulting in the defence using section 174 of the Criminal Procedure Act to its advantage.
The case has dragged on for six years, and as a result, the witnesses and survivors who experienced the crime can no longer recall all the details from so long ago.
To provide some context, my granddaughter reported to her mother that her stepbrother had been repeatedly raping her. Her mother took her to the hospital, where the doctor confirmed the assault. Social workers and the police became involved, leading to the arrest of the suspect in November 2022.
At the beginning of the school year, we made the decision to relocate the child to Durban for her safety.
Upon starting at her new school, the teaching staff noticed something was amiss and alerted us. We arranged for her to receive professional therapy to help her cope. She has made progress and has been doing well. However, this month, she was called to testify in court, which caused her to break down in tears. Despite her distress, we had no choice but to take her to court.
Upon arrival, the case was postponed, meaning she would have to face the same traumatic experience again.
At the Greytown court, numerous rape cases are being struck off the roll because the prosecutor deems the survivors’ testimonies insufficient to convince them of the crime committed, despite the evidence provided by those who initiated the process leading to the suspect's arrest.
The prosecutor, who is not a social worker, speaks to the children as if they have committed a crime. She claims that this approach is necessary to prepare them for the defence lawyer’s questioning.
Unfortunately, most rape survivors fail this test. To make matters worse, the prosecutor speaks English while the survivors speak Isizulu. For many survivors, this is their first interaction with someone of a different race.
As a result, the perpetrators are winning these rape cases.
I pose a question to the lawmakers and the National Prosecuting Authority (NPA): Are they satisfied with the state of legislation, where cases can drag on for years and survivors are expected to remember every detail?
I doubt that the prosecutor in the pastor’s case can recall what they were wearing six years ago on Valentine’s Day. I wonder if any of us can remember the cellphone number we had six years ago.
Our laws are failing the women and children of this country, and I implore the lawmakers to re-evaluate the way our legal system is structured to ensure justice is served.
As long as this system remains unchanged, those responsible for enacting just laws are complicit in the crimes committed by rapists.
Philani Mavundla is the mayor of uMvoti Local Municipality. He writes in his personal capacity.
Daily News