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Justice 'facing a crisis'
10/12/2005 10:21 - (SA)
Johannesburg - With a guilty verdict in only seven percent of rape cases, South Africa's justice system was facing a crisis, former national director of public prosecutions Bulelani Ngcuka said on Friday.
According to a 2002 study, out of 31 000 reported rape cases, only 5 000 made it to trial, he told inmates at Leeuwkop prison in his capacity as husband of deputy president Phumzile Mlambo-Ngcuka. Of those 5 000, only 2 000 ended in a guilty verdict.
"Clearly there's a problem with our criminal justice system. "People commit crime because they think they can get away with it," he said in an address as part of the 16 days of activism for non-violence against women and children.
The study, by the sexual offences and community affairs unit of the national directorate of public prosecutions, revealed that of the 31 000 reported rapes, 5 000 were withdrawn before they even came to trial. Another 10 000 "just disappeared" in the system, Ngcuka said.
Having spent several months in Leeuwkop in 1982, Ngcuka said he was a "living example" of someone who had made his life a success. Responsibility "I was once down there and when given the opportunity, I grabbed it with both hands."
He appealed to men to take responsibility for their violent acts.
"It starts with me. If I say I'm sorry, I did wrong, it will come to an end. "As long as you blame other people you cannot change."
Ngcuka said when a woman said "no" to demands for sex, it meant "no".
"We have got to get this thing into our heads."
The deputy minister of correctional services, Cheryl Gillwald, said men should show their disapproval to their peers who abused women.
Citing the case of a radio disc jockey who one Sunday beat his girlfriend up while drunk, Gillwald said that what had offended the woman most was that none of the man's friends expressed disapproval.
"The Wednesday after the Sunday, the man and his five friends played golf together. We need to express displeasure at this behaviour.
"If you showed your disapproval of abuse, if you stood up and said 'No, not in my name,' I believe we could change the tide of violence against women and children and men and boys in this country," she said. Manhood
Men should mentor boys on how to behave as men, former Kaizer Chiefs spokesperson Putco Mafani told the inmates.
"Most of us have missed out on fundamental manhood principles, we need to 're-grab' them," he said.
In 2003 Mafani faced a charge of assaulting his wife, which was later dropped.
"I did a foolish thing I will forever regret," he said of the assault case.
"I am eternally grateful to my wife that she forgave me, that the justice system forgave me, that society forgave me.
"It doesn't matter how you look at it, there's no excuse (for violence against women)."
One of the audience members and inmates, Kenneth Nokwatla, 30, was arrested in February 2002 and jailed for intimidation and sexual harassment. Forgiveness
Due to be released on Christmas Day, Nokwatla said he wanted to ask his victim for forgiveness once he was home in Grasmere, near Vereeniging, again.
Of his act, he said: "It's not good, it's very disgusting, it defiled my dignity. "Each and every one in our democracy deserves respect, so it is not good to abuse someone else." He said his conversion to Catholicism while in prison had helped him come to terms with what he had done.
"That's when my mind started to open. That's when I realised it's not good to hurt someone.
"You must forgive yourself. You must deal with the problem inside (of yourself)."
He found it hard to believe that former deputy president Jacob Zuma stood accused of rape.
"He's a well-respected person. He cannot do that thing."
Should Zuma be found guilty, Nokwatla said: "He deserves to go to jail."
- SAPA
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