W Rand magistrate's remark probed

2013-07-18 20:14


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Johannesburg - A comment about prison rape attributed to a Krugersdorp magistrate is being investigated, the Magistrates' Commission says.

Secretary Danie Schoeman said on Thursday that the commission's ethics division was conducting the probe.

Court transcripts would be examined to determine whether magistrate Herman Badenhorst had really made the remark.

Beeld reported on Tuesday that Badenhorst was handing down a 28-year jail sentence to Neo Molaudzi, convicted of raping and robbing a 13-year-old boy, when he made the alleged remark.

Badenhorst reportedly said: "In prison you can rape prisoners if you feel like it; at least you won't be around little children."

Democratic Alliance spokesperson James Selfe on Wednesday said that the party was horrified at the comment, which it perceived as encouraging prison rape.

"We are as shocked as the magistrate by the offence committed by the rapist," he said.

"However, prison rape is a pandemic throughout our prison system and one that should not be condoned or encouraged, especially not by our magistrates."

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