NPA – praag.org

School principal charged with rape

A 39-year-old black principal from one of the high schools in Thabong who was arrested for allegedly raping an 18-year-old learner from his school, appeared before the Welkom Magistrate’s Court today.

The Free State police say he will apply for bail tomorrow. He was arrested on Sunday.

It is alleged that the man was dropping learners off at their respective homes after a school trip to Johannesburg on July 24.

Just before midnight, after all the kids were dropped off, he allegedly asked the complainant to give him a hug and a kiss in his car, after which he allegedly had sexual intercourse with her without her consent.

She reported the matter to a friend and a teacher.

A case of rape was registered.

South Africa has the highest rates of rape in the world, according to Interpol, and the highest incidence of HIV.

The National Prosecuting Authority tells us that 50 percent of all cases before South African courts are for rape, except in Durban and Mdantsane, where it is 60 percent.

Although the Law Reform Commission estimates there are 1,7 million rapes a year, on average only 54 000 rape survivors lay charges each year.

Rape survivors battle with the police, doctors, psychologists and the courts to get justice.

A Medical Research Council study into conditions for rape survivors in Gauteng in 2002 found that the treatment of survivors by police and medical and court personnel was deplorable. Two researchers were so traumatised by what they witnessed that they had to go for counselling.

Last year the cabinet removed Section 21 from the new Sexual Offences Bill, which would have given post-exposure prophylaxis (PEP, which is medication to prevent HIV) as well as medication to prevent STIs and pregnancy to rape survivors. They left in Section 22, which guarantees medical care for the rapist and undertakes to rehabilitate any alcohol or narcotics addictions he might have.

Professor Ames Dhai of the University of Natal points out that there are twice as many rape survivors at risk of seroconversion to HIV than there are babies born in South Africa to HIV-positive mothers, yet there are few calls for PEP for rape survivors.

ANC to appeal Bashir ruling

The government is to appeal the North Gauteng High Court’s judgment relating to Sudanese President Omar Al-Bashir.

A statement released by the government’s communications department on Monday said the reasons for the appeal would be stated in the affidavit.

Bashir left the country while the ruling was being made by the court on whether or not he should be detained under an International Criminal Court indictment for war crimes in Darfur.

In leaving the country, Bashir violated of an interim court interdict ordering him to stay.

The government’s affidavit stated that the reason Bashir left the country was that his passport had not been handed in at immigration control at the Waterkloof Air Force Base.

The court has asked the National Prosecuting Authority to investigate the possibility of pursuing criminal charges against the government for its role in allowing him to leave.

Source: eNCA

IT expert retrieves Glynnis Breytenbach’s deleted letters

Breytenbach once a prosecutor for the National Prosecuting Authority

The final report on Glynnis Breytenbach by the National Prosecuting Authority’s Integrity Management Unit reveals details of her personal relationships with a client and advocate, mentioning their international travel and her feelings towards them.

The report said most of the allegations about her relationships with billionaire Nathan Kirsh and advocate Andre Bezuidenhout were retrieved from deleted letters on Breytenbach’s NPA-issued laptop. The letters were retrieved through an IT expert.

The report refers to four letters she had allegedly addressed to Bezuidenhout dated between September 2010 and August 2011.

In a letter dated September 14, 2010, Breytenbach thanks Bezuidenhout for the wonderful time she had with him in Morocco.

In closing, she says Bezuidenhout is “simply exceptional, an amazing friend and kind beyond words”, and that she “loves him more than he can imagine”.

The report says Breytenbach wrote a letter in support of the application by Bezuidenhout to the Bar Council for silk status.

The report then goes on to describe how Breytenbach became involved in an alleged drunk-driving case involving Bezuidenhout’s son Jandre and another case involving the son of Bezuidenhout’s friend.

It states that Breytenbach travelled extensively abroad on private and business trips, going numerous times to London and Jersey for investigations relating to Kirsh’s complaint. She was with Bezuidenhout on at least one trip to London.

“The overseas travels are a concern in that she seemed to have met and or interacted with witnesses in some of the major cases without the knowledge of the investigators, as Nel (Gilounne) alleged, and in some cases her meetings were not in the interest of the state,” the report said.

It also said a letter from Kirsh alluded to a number of trips, one of which was a trip to the Bahamas.

“Kirsh also suggested that he can arrange that they meet with Michael Tannenbaum at Kirsh’s house in France away from all the fuss and bother… Kirsh also intimated that he can send a private jet to fly her in and back home again.”

According to the report, an investigator of the Directorate of Special Operations, Nel, said he was “disturbed by the apparent close relationship between Breytenbach and Kirsh”.

Source: IOL

South African Muslims want Obama arrested for war crimes

The Muslim Lawyers Association (MLA) intends taking the NPA to court for refusing to arrest US President Barack Obama on his South African visit later this month.

“We will ask the court to review the decision neither to investigate or prosecute and to order them to commence a full investigation in terms of the Rome Statute,” MLA attorney Yousha Tayob said.

The MLA said it submitted a complaint to the national director of public prosecutions and the SA Police Service, calling for Obama to be “investigated, charged, arrested, and tried in a South African court for war crimes, crimes against humanity, and genocide”.

The MLA cited the Obama administration’s drone programme as the reason for its action.

The association said the complaint was made in terms of international customary law, as well as the implementation of the Rome Statute of the International Criminal Court, Act 2002 (the ICC Act).

“The [drone] programme is responsible for extra-judicial killings of both innocent civilians as well as US citizens abroad. The drone strike policy has continued unabated with total disregard for territorial sovereignty and this is cited as the primary reason that Obama should be investigated and tried for war crimes, crimes against humanity, and genocide,” the MLA said.

A drone is an unmanned aerial vehicle. In a recent speech Obama said the US used drones to target people it considered a threat to its national security when other measures were not possible.

The National Prosecuting Authority (NPA) confirmed receiving the MLA’s documents.

Tayob said the MLA received a letter of reply from the state attorney’s office on Wednesday.

“They have decided they are not commencing an investigation,” said Tayob.

The NPA was also not going to arrest or secure Obama’s attendance in a court room.

Tayob said the application for a review would be made next week, probably in the High Court in Pretoria.

The Media Review Network (MRN) was also opposed to Obama’s visit. Executive director Iqbal Jassat said the MRN planned a series of protests over Obama’s visits, over the US government’s use of drones, its failure to stop the “occupation of Muslim countries”, and its not shutting down the Guantanamo Bay detention centre as promised.

The MRN supports the MLA’s planned legal action.

“We have rallied behind these actions. Levels of pressure developed by civil society would force the US government to review the purpose of this visit and possibly lead to the cancellation,” said Jassat.

A row is reportedly also brewing over plans by the University of Johannesburg to award Obama an honorary degree.

According to a report in the Sunday Independent, students were split on this.

But deputy vice chancellor Tinyiko Maluleke said the process was a lengthy one, requiring high levels of consultation and agreement, and had not been finalised.

The process of nominating someone for an honorary degree began with discussions in the honorary degrees committee, where candidates had to receive 100 percent support.

From there, the nomination went to the senate, which consisted of senior academics and representatives of the Students’ Representative Committee. After that it, went to the council, which also consisted of student representatives.

At each stage, a certain amount of support was required.

“So when people say stuff has not been consulted or students have not been included, it’s simply not true. It’s a very lengthy process,” said Maluleke.

The same process applied to all nominees. – Sapa

National Prosecuting Authority’s decision on Marikana miners welcomed

The Justice Ministry on Sunday welcomed the National Prosecuting Authority’s (NPA) decision to withdraw murder charges against 270 Lonmin mineworkers.

“We welcome the decision but will await formal report as requested,” said Justice Minister Jeff Radebe.

The workers were initially charged with murder, attempted murder and public violence following the unrest that left 34 people dead and 78 others injured on August 16.

The NPA said the group would be issued with warnings concerning the murder charges on their next court appearance on September 6.

The other charges would remain.

The African National Congress has also welcomed the move.

“This decision will allow the Commission of Inquiry established by the President to do its work and for police to continue with their investigations,” said party spokesman, Jackson Mthembu.

Meanwhile, the ‘Friends of the Youth League’ which is associated with axed ANC Youth League head, Julius Malema blamed the Lonmin tragedy on the country’s leadership.

Floyd Shivambu of the group said : “If there was leadership in South Africa, the lengthy unreasoned, horrible and inhuman incarnation and imprisonment of mineworkers who survived the massacre would have been avoided.”

The ‘Friends of the Youth League’ have vowed to stand behind the workers who continue to demand higher wages.