Sonke cautiously welcomes the conviction and eight-year sentence of traditional healer Lulama Elvis Ray Mpahla by the Kempton Park Magistrate’s Court but expresses concern over the deviation from the prescribed minimum sentence and calls on the National Prosecuting Authority to appeal for a relook of the judgement.
“We are concerned about the convicted rapist receiving bail pending appeal four days after sentencing. While bail pending appeal is a constitutional right, it is not an automatic right, and it should be weighed against the interests of justice. Gender-Based Violence, including rape, is a major challenge in South Africa, evidenced by alarming statistics. Granting a rape convict bail a few days after sentencing does not send a strong message to other would-be offenders on the severity of rape as a crime,” said Mpiwa Mangwiro-Tsanga, Sonke’s Policy Development and Advocacy Manager.
Sonke monitored this case and supported the survivor despite several setbacks and multiple legal proceedings since 2021. The survivor endured many challenges, including secondary victimization, but remained resilient throughout the ordeal. We, however, hope the outcomes of this case at the very minimum serve as a caution for perpetrators of violence, especially in the traditional healers’ sector where there are numerous alleged abuses of initiates by their spiritual guides also known as Gobelas.
“Our other concern was the presiding officer’s comments during the proceedings which we think bordered on sexist utterances. We request these comments, which will be apparent in the transcript of the proceedings, be reviewed by the chief magistrate.’’ Mangwiro-Tsanga adds.
Many survivors of violence often find it challenging to stand up to their perpetrators due to fear, trauma, power imbalances, lack of support, and the risk of stigma or retaliation.
“We commend the survivor in this matter who stood firm in her conviction to ensure that there is justice in this case. She was persistent throughout and refused to be intimidated. We also commend the work of the police who investigated this matter and ensured that a compelling case is placed on the desk of the NPA. We commend the work of the prosecutor who mounted a formidable case that led to the conviction. She remained focused and determined throughout the period. We welcome the support given to the survivor by some members of the Healers association who defied the culture of silence and publicly supported this matter in court, sending a strong message to the sector that this kind of behaviour is unacceptable.” Sonke Co-Executive Director, Bafana Khumalo.
Sonke hopes this conviction brings the survivor a sense of justice, which is crucial for her healing process, and that it empowers other survivors of violence to speak up and speak out against their perpetrators.
ENDS/
Issued by Sonke Gender Justice.
For media enquiries contact:
Kgomotso Mophulane, Communications & Strategic Information Manager, Sonke Gender Justice on kgomotso@genderjustice.org.za or 0835196187
Bafana Khumalo, Co-Executive Director, Sonke Gender Justice bafana@genderjustice.org.za or 082 5784479.
NOTE TO EDITORS
Sonke is a South African-based non-profit organisation working throughout Africa. We believe women and men, girls and boys can work together to resist patriarchy, advocate for gender justice, and achieve gender transformation. For media releases, reports and news visit https://genderjustice.org.za/ and https://genderjustice.org.za/newsletter-signup/
Connect with us: