Court feud bodes ill for sex victims

2012-07-15 20:30
Gavel

Gavel

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Victims of brutal sexual offences – including a 69-year-old grandmother and an 8-year-old girl – could be forced to face their tormentors in court for a second time and relive their personal hells.

This is despite a National Prosecuting Authority (NPA) Christmas function held for some of the victims where they were given bravery certificates and assured they could move on with their lives.

The Northern Cape High Court will next month decide if 26 pending cases before suspended magistrate Pumelele Hole – including rape, attempted rape and sexual assault cases involving 17 children between the ages of three and 17 – should be set aside and tried again, from scratch.

If the order is granted, at least nine of these victims will have to relive details of their rapes in court testimony and face cross-examination by lawyers.

This state of affairs was caused by a bitter personal feud that goes back to September 2009 between Hole and Kimberley Regional Court President Khandilizwe Nqadala.

Both laid complaints against one another at the Magistrates’ Commission.

According to NPA records City Press has seen, the cases pending before Hole – who presided over sexual offence cases before being suspended in December – include:

»An “extremely traumatised” 69-year-old woman who sustained serious and lasting head injuries when she was thrown into an opencast mining pit and raped;

»The rape of a 64-year-old woman in “very poor health”. The police officer first on the scene testified that she “could not walk after the attack and crawled to her house”;

»A man accused of raping two 7-year-olds, and sexually assaulting three others between the ages of 6 and 9;

»The rape and assault of a 17-year-old boy who was “trying to be strong, but is shattered, ashamed and disgusted”; and

»The rape of an 8-year-old who was groomed by the accused.

Special review

The pending court case to set aside the partly heard trials has caused officials from Legal Aid SA and the NPA to beg Northern Cape Judge President Frans Kgomo and the Magistrates’ Commission for a special review of the matter.

In a memorandum dated 1 June, officials asked that Hole’s “suspension be uplifted and [he] only be allowed to return to finalise his partly heard matters”.

The letter states that the lawyers believe the magistrate remains a “fit and proper person” until his disciplinary matter is finalised.

“It appears the suspension of Mr Hole was not based on judicial incompetence, but rather on other issues,” the letter said.

Central to the dispute between Nqadala and Hole is the fact that their relationship deteriorated to such an extent that Hole subpoenaed Nqadala to explain himself in a criminal court trial.

Hole claimed Nqadala had written a note to Hole about a criminal trial before Hole in which he said an accused, “despite being the youngest of them all, is the gang leader”.

According to Hole’s charge sheet, which City Press has obtained, he displayed an abuse of power by, among others, asking Mr Nqadala if he agreed that he was a “disgrace to the profession”.

While Hole was suspended last December, his complaint against Nqadala remains unfinalised by the Magistrates' Commision.

Nqadala asked the high court for Hole’s cases to be set aside, and refused a request to allow Hole to finish them.

Danie Schoeman, secretary of the Magistrates’ Commission, declined to comment on a matter before court, but said the commission was close to finalising the investigation into the complaint against Nqadala.

The department of justice did not respond to questions.
Read more on:    npa  |  kimberley  |  child abuse
NEXT ON NEWS24X

Zuma extends Seriti Inquiry

2014-10-31 22:34
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

LOL! Best outdoor girl fails

It’s not only guys who have FAIL moments! Here are some of the funniest outdoor fails where girls are the victims!

 
 

Where were you when you last felt alive?

90-year-old's incredible travels
10 facts about swimming you didn't know
Halloween night run
Exciting new zipline for Cape Town!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to R2100 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

Hot offer: Up to 50% off irons

Save up to 50% on all Philips irons. While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There may be some tension that is caused through social conflicts -- personal interests versus obligations. You may feel an...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.