Blunder sees rape accused walk free

2012-08-30 09:14

Durban - A man accused of raping a 74-year-old Pietermaritzburg woman walked out of court a free man after a bungle by the authorities.

The 28-year-old man was arrested for rape and robbery on a Saturday, which meant he had to be brought before a magistrate within 48 hours of arrest, reported the Daily News.

For some reason though, the man - who was not identified - was not brought to court on Monday and only appeared in court on Tuesday, leaving the magistrate on duty with no choice but to set him free.

Prosecutor Zandile Ndimande said she didn’t know why the man was not brought to court on Monday and a police spokesperson was also at a loss to explain the blunder.  

A women’s right activist said she was shocked and appalled at the inefficiency which saw the suspect go free.

“This is not just, this is not fair and this is not democratic,” said Annie Shaw.

“This poor woman has been violated in the worst possible way and has literally been raped of all her constitutional rights, and yet the law only recognises the rights of the accused.

  • shelley.vorster.9 - 2012-08-30 09:22

    Yeah so? What did you expect form our wonderful law? Like I always say - The its better to be a criminal in this country - You have more say and human rights

      patrick.buckley.712 - 2012-08-30 09:30

      Spent a morning at the Randburg courts last year............. Do yourself a favour and check out for yourself just how screwed up our courts have become. You will die of shock! The case against one man who had already pleaded guilty to the charge, was postponed for an eighth time due to prosecutor inefficiency!!! A complete circus......

      michael.vanrheenen.9 - 2012-08-30 09:30

      The ANC needs to go and fast!!!!

      ann.murray.9279 - 2012-08-30 09:47

      Why is this so surprising. Our judicial and police systems leave a lot to be desired in so many instances. My heart goes out to the victim of this heinous crime.

      clive.wannenburg - 2012-08-30 09:57

      The criminal has more rights in this country than the honest hard working South African, makes me sick and tired of this useless government

      alastair.grant.98 - 2012-08-30 10:01

      What's most frightening about this is that nobody is being blamed, and nobody is taking responsibility. - 2012-08-30 10:04

      Patrick can quite believe it .. as with our rates department, our home affairs etc etc never mind our health care and education .. I wonder if there is one efficient department ..

      mandy.komlosy - 2012-08-30 10:17

      What the h3ll is wrong with the law/lawyers/justice system/police/ - in fact just about everything in this country!!!!! This is a travesty!! DISGUSTING, APALLING, SHAMEFUL !!

      hennie.buys1 - 2012-08-30 10:31

      @Wendy Haha there is one department that is VERY efficient....SARS :P

      pierre.pretorius.370 - 2012-08-30 10:38

      To much human rights to criminals. From where I come from, we know how to deal with rapists.

  • sharon.houghton.984 - 2012-08-30 09:22

    BUT he can be rearrested as he walks out of the court! So why has he not been arrested again!

      lownabester - 2012-08-30 09:33

      Thats what I would like to know too????

      Rob.Trianglem - 2012-08-30 09:43

      What happens if he is arrested on a Friday? 48 hrs is up on Sunday, just a thought!!

      ann.murray.9279 - 2012-08-30 09:48

      Good question Sharon! The mind just boggles at the ineptitude of those who are in charge.

      john.turner.58760608 - 2012-08-30 09:55

      Ann, you mean to say that there is somebody in charge!?!?!?!?!? - 2012-08-30 10:05

      Sharon .. it was tea time ..

      lorain.maseko - 2012-08-30 10:17

      It really is a BS technicality,he must be arrested again,the state will apologize to him when he appaere in court but he needs to face the music for what he did

      mark.singh.9889 - 2012-08-30 11:54

      Hopefully he meets his justice in the kangaroo court soon

  • nigel.vanysendyk - 2012-08-30 09:23

    stupid laws that protect criminals, if someone is accused of rape why the hell must he be appear in court within 48 hours of arrest or be set free, which moron invented this rule

      donald.perumal - 2012-08-30 09:28

      That is 48 hours after his arrest,this is possible as he was in custody BUT the police have to make sure all their business interests are taken care of before they even contemplate their duties.The Police Mnagement should b eheld responsible-wonder what they were doing: probably collecting?????

      brett.scheepers - 2012-08-30 09:29

      It's for all crimes not just rape.It's so that a person can't be held for a week or 2 before they appear in a court.

      remi.preez - 2012-08-30 09:50

      I agree Nigel. It is BS of the highest order. Where does one draw the line between procedural correctness and basic logic!

      vonwielligh1 - 2012-08-30 10:05

      Nigel, die strafproses wet bepaal dat n verdagte aangehou kan word vir 48 uur voordat hy aangekla of vrygelaat word. As hy aangekla word vir die misdaad MOET hy/sy met die eerste/volgende hohsitting in die hof verskyn. Ek neem dus aan dat die verdagte dan reeds die 48 uur in die selle spandeer het OF dat hy onmiddelik aangekla is nadat hy in aanhouding geplaas was. Hierdie is n polisiebeampte se fout.

      bonkers.derelict - 2012-08-30 10:46

      Nigel, what would your attitude be if the police misidentified you as a rapist that they sought, and arrested you? What would you think of the procedure then?

  • rowan.atterbury.5 - 2012-08-30 09:27

    Wow. Welcome to South Africa. Just don't show the rapist president's penis in a painting.

  • kala.bafazi - 2012-08-30 09:30

    Arrest the policeman for dereliction of duty and throw him in jail. He has effectively allowed a monster back out on the streets. This is not how we protect our women and children.

      bob.mcmillen.564 - 2012-08-30 11:54

      kala, exactly, perhaps the law can explain to his inevitable next victim, that sorry about that it was just a blunder by the ANC legal system, I'm sure the victim will accept that and get on with her life, this country slides downhill more everyday these clowns remain in power, come on voters, we need to oust this ANC for all our sakes.

  • bmaestro - 2012-08-30 09:33

    why was the man not brought to court on monday?

  • michael.j.anderson.144 - 2012-08-30 09:36

    She can sue those on duty at the time, as well as the police commissioner, you know, the civilian woman with NO POLICING EXPERIENCE WHATSOEVER, who is also famous for telling the police they mustn't feel bad for killing 40 miners, because, now here's a laugh, they we doing their duty upholding human rights and safety. BWAAAAAA-f***ing- HAAAAA!

      Msika - 2012-08-30 10:00

      I agree Michael, but then guess who's gonna pay for the claims? The tax payer, NOT the police commissioner or those on duty at the time.

  • BigChiefPlumbPudding - 2012-08-30 09:36

    I just can't believe this. Please, what the hell is going on. Why has no one been fired for this 'blunder'. Name and shame the Bas$%rd and get rid of him/her/it.

  • eyesears.handsfeet - 2012-08-30 09:39

    How convenient!

  • hermann.hanekom - 2012-08-30 09:47

    Human rights = criminals are human and we have no rights. Sela.

  • shirley.steenkamp - 2012-08-30 09:47

    I hope these goons are proud of themselves,I wonder if it was their grandmother if they would be so lax??????? Shameful!

  • TheyTookMyNickLaZynEko - 2012-08-30 09:48


  • Provence - 2012-08-30 09:49

    Welcome to the law of the bush.

      lorain.maseko - 2012-08-30 10:19

      Actually you are displaying your stupidity,the law of the bush would be to lynch him,this is what democracy brought and i do believe it's a western thing

  • steve.ritchie.739 - 2012-08-30 09:50

    This useless cANCer government has let everything slide into disrepair. Not even fit to run a shebeen.

  • dnxumalo2 - 2012-08-30 09:53

    Yeah that is South African police right there.It's either they arrest someone without having conducted full investigation or keep them in jail for longer.This in turn out to work in favour of the he was let out to go and kill the poor woman.

  • Msika - 2012-08-30 09:54

    Now, how sick can one be? A 74 year old? We live in a sick society, 2 year olds are raped, this other day I saw on 3rd degree a 94 year old was also raped in KZN, by a suspect who recieved a presidential pardon from Pres Jacob "The Spear/Umshini wami" Zuma. I just give up in humanity.

  • donovan.swart.7 - 2012-08-30 10:00

    Who did he pay , or is our Police service so negligent? you can get away with anything these days as long as you have a buck in your pocket.

  • trevor.pietersen.3 - 2012-08-30 10:02

    If IT happened to THEM....wonder how quick it would have been sorted out??

  • - 2012-08-30 10:03

    Fortunately, we know that you reap what you sow .. but how sad that no one is really protected and especially not the vulnerable ..

  • vivian.harris.73 - 2012-08-30 10:08

    That is South African Democracy for you. Criminals have more rights than victims here.

  • Richard - 2012-08-30 10:17

    I have no other words for this besides "Shocking" I hang my head in shame for the poor old woman who must be terrified at the thought of him coming back to terrorise her again. "Shocking" and shame on you.

  • natascha.morton.7 - 2012-08-30 10:18


  • Hemlock - 2012-08-30 10:19 lack of competence by authorities.

  • Samukelisiwe Tana Shelembe - 2012-08-30 10:20

    yeah then they say trust & leave the justice system to play its part, there aint no justice system in SA

  • bernice.thompson.77 - 2012-08-30 10:22

    GATVOL, SICK TO THE STOMACHE, DISGUSTED, APPALLED but definately not surprised. Rapists and murderers do these vile acts because they will probably get OFF WITH IT because our JUDICIAL SYSTEM is so JACKED up, its a free for all.

  • Vux Kwanda Dawana Mhlekude - 2012-08-30 10:25

    This is painful,also insane,how can a rapist walk out just like that huh?i think this show that we are not free,but DOOM,why criminals have such rights?

  • rems.leon - 2012-08-30 10:34

    if it was the magistrate who got raped the man would've got a life sentence by now, welcome to south africa where criminals have more rights, 3rd degree showed us the face of the 97year old granny who got raped but failed to show us the face of the young man who did all this *epic FAIL*

  • leonard.daniels1219 - 2012-08-30 10:36

    This shows everyone exactly the condition of this country's so- called democratic system. It is nothing but just alot of money hungry guys in high positions.

  • ruben.maistry - 2012-08-30 10:38

    The person responsible for the blunder must be brought to book as well as the person who interviewed him/her for the position must be responsible.If you follow the link you will end up at the top- who else but spearman.So get rid of the incompetant rubbish and put people on merit in those posts.

  • phila.wajesu - 2012-08-30 10:39

    its not the Judiciary, blame legislation for such a mistake and blame shody work from the SAPS.

      bob.mcmillen.564 - 2012-08-30 11:59

      phila, perhaps you would like to explain this to his next victim.

  • Dawn Campbell Gibson - 2012-08-30 10:40

    And people wonder why there is mob justice. I just hope he gets it before another woman - old or young has to go through the non-justice of this fked up country.

  • errol.wagner - 2012-08-30 10:49


  • peter.hampshire.35 - 2012-08-30 10:55

    Absolutely disgusting, but another clear indication that the Government policy that places people in positions that they are incapable of managing does not work. The quicker the ANC goes the better for everyone!

  • Riffak Traws - 2012-08-30 10:57

    Somebody please rape a 74yr old politician (male or female) so we can see how fast you get prosecuted.

  • sanchez.sancho.7 - 2012-08-30 10:57

    Mob Justice his behind, someone must shout 'stoooooone hiiiiiiiiiiim'

  • - 2012-08-30 11:02

    ya. there is a serious problem with our country.

  • parys.fotograaf - 2012-08-30 11:07

    Yet another proof that we are equal before the law (real common law, made by judges of the people, but not before the statute(legislation made by politicians).

  • andrew.martin.71619533 - 2012-08-30 11:09

    i cannot believe is disgusting...the investigating officer should be fired and asked to explain in person to the poor woman why ???? and the officer in charge of him should be paraded in front of the station and asked to explain as well...this is basic stuff...ffs...

  • jacqui.daanevanrensburg - 2012-08-30 11:11

    I am not surprised, it is a wonder they didn't bring him on Wednesday. Next time he rapes and get caught, all he has to do is hide in a cupboard long enough and he will again go free.

  • DarrenCooper68 - 2012-08-30 11:12

    Afford him his due rights as he is still innocent in the eyes of the law but maybe change the 48 hours to 60, not so nice fory those that are not guilty. The individual responsible for the tardiness should be harshly disciplined to avoid the fact that it would be oh so easy for someone to pay a bribe to ensure a delay and the 48 hours lapse .

  • tracey.wheal.77 - 2012-08-30 11:13

    I wonder if money "changed hands" for this to be allowed to happen....

  • brionyl.french - 2012-08-30 11:14


  • lamaphanga1 - 2012-08-30 11:26

    I wonder if they know their own procedures..............

  • pierre.walt - 2012-08-30 12:11

    Why not arrest and charge him again?

  • charmaine.paterson1 - 2012-08-30 12:17

    There is very little justice in this country and the criminals definitely have too many rights.

  • helen.derobillard - 2012-08-30 12:37

    This is sick this poor women how must she cope with this now

  • aspruyt - 2012-08-30 13:03


  • brendan.young.752 - 2012-08-30 13:45

    How hard up does this loathsome sack of vomit have to be to rape a 74 year old woman? Its too bad he won't rot in prison where they'd likely make him regret ever accosting that poor woman not just through doing to him exactly what he did to her but making fun of him for it. A 74 year old woman. For shame! My heart goes out to that woman and I'm laughing my head off at the idiot who hurt her.

  • holden.gardnercaulfield - 2012-08-30 15:24

    Of course atheism, agnosticism, Anglicanism, Catholicism, deism, paganism and wiccanism are religions. Finnish and klaar.

  • kyle.buitendag - 2012-08-30 15:37