1 in 9 Campaign Event
DATE: 13 August 2008
Banner.bmpTIME: 08h30 - 15h30
VENUE: Wynberg Magistrate's Court, 2nd Street, Wynberg, Alexandria - JOHANNESBURG
Background to the Protest:
On 2 October 2005, Buyisiwe was gang raped in Tembisa. Buyisiwe immediately reported the matter to the police and underwent a medico-legal examination. The accused were arrested and bail was denied. Due to ‘administrative problems' certain documents went ‘missing' from the docket resulting in the matter being struck from the court roll. The accused were released and have since that time been out on bail. Due to community, family, and campaign pressure, the matter was finally reinstated last year. Despite numerous court dates since then, the state has yet to close its case. The past two court dates have been postponed due to the defence attorney not being present at court with no explanation. The court date prior to the last two dates also resulted in a postponement due to the defense attorney claiming to be ‘sick'. We suspect these no-shows are delay tactics on the part of the accused to railroad justice. We believe that it is crucial to make significant noise outside the court, through the media, drawing attention to this and other problems within the justice system.
The 13th of August the court will sit again hopefully without further delays. On this date we are calling for individuals and organizations to join us in solidarity with Buyisiwe and women rape survivors who speak out. We further remind the court that justice delayed is justice denied. We are cognizant of the fact that while the case drags on, Buyisiwe's life is on hold. Buyisiwe has told us that until the case is resolved she is unable to move on with her life.
AUGUST 2008. NO CAUSE FOR CELEBRATION. WOMEN'S RIGHTS IN THE BALANCE.
BACKGROUND TO BUYISIWE'S CASE
The complainant, Buyisiwe[1], was allegedly raped by 8 men, all under the age of 20, on 2 October 2005. On the night before the rape Buyisiwe and a male companion were staying over at a friend's place in Tembisa. At around 5am in the morning, Buyisiwe was woken by the sound of a man knocking and calling for the owner of the house. Buyisiwe indicated that the person who he was looking for was not at home. Later on the same man kicked in the door and gained access into the room. He was armed with a firearm. He raped the complainant. For the following two hours Buyisiwe was raped by seven other men, first in and around her friend's house and then at a second location near some shacks and metro rail.
When Buyisiwe was finally able to escape / seek help she told at least two people near to the second location of the rapes that she had been raped. She then returned to her friend's place where she also told her what had happened.
The complainant reported the rape to the police and underwent the medico-legal examination by the district surgeon. She was quite fearful of the male doctor who did little to make her feel safe - and her experiences of this interaction further traumatised her.
Police reservists accompanied her to point out the suspects. They proceeded to arrest six of the eight suspects. Later another suspect was arrested. Bail was denied to all accused. Later all accused were released when the matter was struck from the court roll. The matter was reinstated but the accused - barring those who are accused in another matter - remain out on bail.
TIME LINE ON BUYISIWE'S CASE: JUDGE FOR YOURSELF
2 October 2005: Buyisiwe[2] is allegedly gang raped by 8 young men
3 October 2005: Buyisiwe reports the rape to the police and undergoes the medico-legal examination by the district surgeon. Initially 6 of the 8 suspects are arrested.
The 7th suspect is arrested later.
7 December 2005: Bail is denied to all accused. Accused are taken into custody. The matter is postponed for trial to the 31 March 2006.
31 March 2006: Court is adjourned to the 12 June 2006 due to missing documents. Missing documents include the complainant's statement, the state's third witness's statement, and transcripts from the bail application hearing.
12 June 2006: Matter is struck from the court roll and the accused are released from custody due to the police docket and two accused not being present in court.
The complainant is forced to take refuge in a shelter for abused women due to threats and fear for her safety.
End July 2006: The application for reinstatement is made at the Johannesburg High Court with the Directorate of Public Prosecutions.
29 November 2006: The matter is finally reinstated in Tembisa Court and transferred to the Wynberg Sexual Offences Court. The accused are not rearrested.
14 December 2006: The matter is before the Wynberg Court, and is postponed for further investigation and
for the missing statements to be retaken.
28 February 2007: The case is again postponed for further investigation as the said statements have still not been taken.
10 May 2007: The matter is finally set down for trial for the 18 and 19 July 2007. This is despite the fact that the docket is still not closed.
Prosecution begins case
18 July 2007: The complainant gives evidence in chief and begins the gruelling cross-examination by the attorney for the accused. Despite the fact that two days have been set aside for the complainant's evidence in chief and cross examination to be heard, the matter only runs for the first day. Two of the accused are unable to be in court for the 19 July due to them needing to be in court on another charge, consequently the matter is postponed to the 16 August 2007.
16 August 2007: Buyiswe completes cross examination. Court is adjourned until 8 November 2007 for reasons not given other than availability of the prosecutor and space on the court roll.
8 November 2007: First Report (R) and the second witness testify and are cross examined. Warrant of arrest issued for K (eye witness). Trial remanded to 31 January 2008.
31 January 2007: Medical doctor - not the doctor who conducted the medical examination - testifies and is cross-examined. Constable TP, officer who arrested some of the accused testifies and is cross-examined. K, eye-witness, testified. Remanded to 3 April 2008.
3 April 2008: Trial did not resume, defence attorney ill. Remanded to 18 June 2008.
18 June 2008: Trial did not resume, defence attorney not present in court. No explanation given. Remanded to 24 July 2008.
24 July 2008. Trial did not resume, defence attorney not present in court. No explanation given. Remanded to 13 August 2008.
Note: The complainant has been subjected to intimidation, harassment and violence from the accused family and friends. An additional, related case of intimidation was lodged against one of the friends of the accused. The accused in the intimidation case was found guilty. The One in Nine Campaign believes that the complainant's rights to justice, to be heard and to redress have been violated due to the unnecessary delays and postponements in the case. Further, the quality of evidence may have been compromised due to the time lapsed between the alleged rape and matter being heard. The entire process has been traumatic and has delayed Buyisiwe's healing process.
JUSTICE DELAYED IS JUSTICE DENIED!
[1] Not her real name - Buyisiwe means ‘bring her back' in isiZulu
[2] Not her real name - Buyisiwe means ‘bring her back' in isiZulu
