Harrowing GBV case drives home need for legal shake-up

There are some news articles that are so harrowing they stop a person in their tracks. 

The story of a 46-year-old Gqeberha woman — allegedly stabbed, stripped naked, paraded through the streets and raped by the man she once trusted — is one such example.

Despite her ordeal, the 62-year-old accused, with whom the woman had been in a relationship, walked free on R500 bail.

He admitted to the Gqeberha magistrate’s court that he had beaten the complainant a week before his arrest for attempted murder, kidnapping and rape.

However, according to documents before court, he has denied the rape and attempted murder allegations.

But the justice system is supposed to protect the most vulnerable.

Instead, it has faltered. This is probably not the only recent example of the courts failing to protect the most vulnerable in society.

Instead, this woman faces a form of punishment — the fear of seeing her alleged rapist on the streets and being hunted down again.

Where is the justice in that?

Gender-based violence (GBV) is not just a statistic or political talking point. It is a brutal reality for thousands of women in SA.

Legal experts noted that the legal process around domestic and gender-based violence needed to be reviewed urgently because the scourge was on the rise countrywide.

Tania Koen, a GBV activist, lawyer and chief executive of the Reeva Rebecca Steenkamp Foundation, which was set up in the slain model’s name, said the outcome of such bail proceedings sent the wrong message about the seriousness of crimes against women and children in SA.

“President Cyril Ramaphosa called GBV the second pandemic next to Covid-19,” Koen said.

“Domestic violence creates the most unsafe environment for women, and when we see alleged perpetrators walk free, it gives the wrong impression about how seriously GBV is being taken.”

We need a justice system that puts the rights of victims at its centre. Anything less is a travesty of justice.

The Herald