KZN rape: Freed accused 'very low risk'

2012-07-26 22:22

Durban - The man accused of raping a 94-year-old KwaZulu-Natal woman after being released under a special remission had been serving a theft sentence, correctional services said on Thursday.

"[H]e was very low risk and his sentence was for a crime that bears no relation to this [rape] crime," chief deputy commissioner for incarceration and corrections, James Smalberger, said.

He said the man had been among a group of prisoners released recently under a special remission.

Smalberger said while the rape crime was such that "one wants to apologise for it", it needed to be understood the man had received a six-month sentence for theft.

It was for this crime that he had been freed in terms of President Jacob Zuma’s remission programme announced on 27 April.

The man was arrested earlier this week for allegedly raping the 94-year-old woman in her home, near the KwaZulu-Natal Midlands town of Wartburg.

He appeared briefly in the New Hanover Magistrate's Court on Thursday as members of the ANC staged a protest outside, demanding that he be denied bail.

The Times newspaper reported that the man was a habitual criminal and that his family had not wanted to sign papers for his release.

However, Smalberger said prior to the theft sentence, the man had not previously been in prison. He said this did not exclude the fact that he might have been fined or held a record with the police for minor misdemeanours.

The Times report, headlined "Mr Zuma, What Have You Done?", quoted the man’s grandmother saying he had been arrested and released several times.

"I was so fed up with him that, when he was sentenced to six months for robbery, I wished it was six life sentences," she was quoted as saying.

The Democratic Alliance’s parliamentary leader, Lindiwe Mazibuko, said Zuma should personally apologise to the victim.

  • markhams.hudivhannyimudanamafhungo - 2012-07-26 22:36

    if u open a window for fresh air to come in, u must take the responsibility for all the mosquitos which gets in as a results of ur actions....

      Bless Boswell - 2012-07-27 00:58

      With Mosquitos I'm allowed to put unwelcome visitors to death.

      Squeegee - 2012-07-27 07:14

      All he learnt was that you can commit a crime and even if you are caught the government will not keep you in prison for long, so why not go out and do something more serious... Thanks Zipper. For nothing!

      Bless Boswell - 2012-07-27 08:42

      Zipper must step down. He has visited all manner of horrors on the people of South Africa and is doing nothing to make it right.

      bob.mcmillen.564 - 2012-07-27 11:04

      It was Zumas idea to let criminals out, so he should be held responsible when the inevitable happens, oh I forgot, he is not responsible for anything, him and his corrupt gang just have to be voted out in 2014, enough is enough.

  • stephen.fienberg - 2012-07-27 00:43

    If he was just a petty criminal before and he emerges from a brief prison stint as a sexual predator. Then is it not maybe the prison system at fault for turning petty criminals into hardened thugs?

      Bless Boswell - 2012-07-27 07:16

      It is - so lets bring back the death penalty and clean this foul cesspit up!

      Linda - 2012-07-27 08:15

      It is exactly this mentality that creates criminals - its not their fault - its the systems, apartheid, poverty, their mother didnt love them etc etc etc. Until we create a culture where people are held accountable for their actions crime will continue unabated because there is very seldom any repercussions.

      Bless Boswell - 2012-07-27 08:40

      Unfortunately, a lot of what we see is the fault of the parents who subscribe to the belief that their children are their wealth. The more they have, the more money there will be for old age. What they forget is that they also need to be nurtured, educated and disciplined. Parenting is not a perfect art. We all start at ground 0 with baby number 1. Sometimes we get it right first time, sometimes we don't. Common decency tells you that you do not take that perfect little person and fill its mind with crap by teaching it disrespect, theft, violence and rape. If you're going to have babies, treat them with the love and respect they deserve, and they will become worthy citizens. If you can't do that, then don't have them. Abortion is legal. If a young man does not know that raping an elderly lady is wrong then his value system probably does not exist.

  • Bless Boswell - 2012-07-27 00:54

    Yes, Zuma should apologise personally to the victim, in public and personally for permitting this man to go free. He should also apologise to every single person who has been a victim of rape since becoming president, because his actions have been responsible for many of those rapes - idiots wanting to be like the president ... This country and it's disgusting leadership are unbelievable disgrace ...

  • irene.buthelezi.1 - 2012-07-27 01:57

    Petty criminal is not what's being reported on television. He is an habitual criminal. Actually, the word 'criminal' is too good a word for this barbaric savage.

  • kobus.hattingh.5 - 2012-07-27 05:16

    Be serious now, South Africa being the rape capital of the world and our President himself having been to court for rape charges, why would he care at all? All he would probably tell the victim is to take a shower to prevent aids like he himself did. With the ANC in power, and him being in charge, we can expect everything in this country just to go from bad to worse. Its time for him to go and take care of his 4 or more wifes and to spend some time with his 20 odd children.

      Bless Boswell - 2012-07-27 07:12

      Zuma should hang his head in shame. He, as president should be beyond reproach. When his rape trial came up, he should have stepped out of the race. But his goat herd mentality obviously saw the rape trial as an asset rather than a blight. How many others with goat herd mentality seek to emulate his actions? His irresponsible quip regarding the lack of condom and shower afterwards lost him credibility and trivialized the seriousness of his act. And this man is running our country?? The young hooligan is probably looking to get off lightly, just like his revered president. My thoughts are with the victim. An old lady who has lived a very long life - how dare this piece of detritus treat her with such disrespect? This must have been the most frightful nightmare for her. I do hope she has people who care about her.

  • Chumscrubber1 - 2012-07-27 06:32

    Where I live they release murderers and rapists even without presidential pardons. 11 of them "escaped" last month. I think it costs them R100 in the guards pocket - and a bruised head for good impression.

  • Chumscrubber1 - 2012-07-27 06:44

    I'll never undestand how a man can actually perform the act of rape. My organ simply would not comply if I had a woman fighting me off. I don't even think I could "do" a prostitute.

      siliziwem - 2012-07-27 06:55

      Thats true...I really do not understand it too!

      siliziwem - 2012-07-27 06:56

      Thats true...I really do not understand it too!

  • didi.henning - 2012-07-27 07:00

    It is most probably a fact that by the time someone gets caught even for a minor offence he has in the past committed the same or worse crime, our justice system is a joke. He got a six month sentence for theft, Just this week in the USA a man was sentenced to 6 months in jail for animal cruelty, What would he receive here, Most probably a warning, If this animal was given a appropriate sentence he would not have been out to commit this crime, But it is always a little too late and yet the government does not learn

  • devon.riley.52 - 2012-07-27 08:26

    Well another lovely day in Africa. Will spend the rest of the day trying to figure out why this doesn't surprise or shock me any more

  • Henry - 2012-07-27 09:02

    Our national Correctional Services need to be 'corrected' sometimes. An inmate (under some conditions, deserves a second chance in life) but for him to be alleged of having raped a 94 yr old senior, that's quite serious. What type of a monster is that and if proven guilty, what will be the outcome? Let alone the fact that his own family didn't want to take him back. My plea to the society,'Please correct our national Correctional Services' before it's too late.

  • Marikexox - 2012-07-30 11:01

    Why should any criminal being set free early because of prison's being full. Just take some party money from Eskom and government and build more prison's but not for them to sit their in luxury but for them to work, plant veg etc. to sustain themselves in prison.Hard labour working like slaves will definitely let them think twice returning to prison!!!!

  • Cosma - 2012-10-02 14:50

    25. But if a man finds a betrothed young woman in the countryside, and forces (chazaq) her and lies with her ,then only the man who lay with her shall die.26. But you shall do nothing to the young woman , there is in the young woman no sin deserving of death ,for just as when a man rises against his neighbour and kills him ,even so is this matter. 27. For he found her in the countryside and the woman CRIED OUT ,but there was no one to save her.28. If a man finds a young woman who is a virgin who is not betrothed and he seizes her and lies with her and THEY ARE found out,29 then the man who lay with her shall give to the young woman's father fifty shekels of silver ,and she shall be his wife because he has humbled her. He shall not be permitted to divorce her all his days.-Deuteronomy 22:25-29 New King James Version. Note the NKJV among others does not use the word rape. We must remember that the Holy Bible was not written in English so to determine if the translation is correct we must turn to the original language of the ancient text. The OT was written in Hebrew with parts Aramiac. Now in verse 28 which you mentioned the word used to describe the so called rape incident comes from two Hebrews words ,taphas and shakab, meaning 'to lay hold on' and ' to lie'(with sexual relations) respectively according to the Brown-Driver-Briggs Hebrew Lexicon. Now let's go back to verse 25 were rape is obvious because it mentions the man forcing the woman and also she cries out. There the word used is 'chazaq' for the rape incident , The fact that the author uses a different word especially because its in the verse that follows should already caution us not to read rape into it .Also notice in verse 28 the woman does not try and call out for help indicating she was not being forced ,where in verse 25 the woman cries out , again notice in verse 25 only the man is held responsible and the woman remains innocent,but in verse 28 it states clearly that 'THEY ARE FOUND OUT' meaning they where both part-takers in the act. So now that man must marry the girl, He didn't rape her.The rule was used to protect young woman from being seduced by men into sleeping with them. If a man did that then he had to marry the girl and pay the girls father full price for his daughter, and was not allowed to leave her.Back then a single woman that was not a virgin had very little chance of finding a husband to take care of her and start a family, and she would've probably ended up living in poverty .God used that law in those days to protect woman from being used by men, now days Satan is turning woman against God by twisting this ancient law. But that's why God gave us brains ,' to study his word' Let's use them.Yes the NIV uses the word rape but it was translated incorrectly ,but don't take my word for it , cause you not suppose to, Go do some research yourself. I'll leave a great address at the bottom that explains it clearly.- I might have to post this one around ,it seems Satan is fooling a lot of people with this lie.--

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