Issued by: Ministry of Justice
The Minister of Justice Dr Penuell Maduna and his Deputy Minister, Ms Cheryl Gillwald, are shocked and disturbed by the brutal rape and killing of 14-year-old, Valencia Farmer who was allegedly attacked by a gang of criminals on Saturday.
The Minister is aware that her brutal slaying has not only shocked the community of Eerste River, but also caused outrage and anger amongst them. People who commit these atrocities will be dealt with severely by the law.
The government has prioritised serious offences such as rape, murder as well as violence against women and children. It is against this background that the laws on bail and minimum sentences were introduced.
The new bail law gives magistrates greater power in considering bail applications. The law also provides that the bail application of a person charged with serious crime such as murder, rape and robbery with aggravating circumstances be considered by a Regional Court. The Regional Court is a court of higher jurisdiction with highly trained and experienced magistrates and prosecutors. Where an accused is charged with a schedule 6 offence the court must order that the accused be detained in custody unless the accused can adduce evidence which satisfies the court that exceptional circumstances exist which in the interest of justice, permits his or her release.
A schedule 6 offence, includes
1) premeditated murder; 2) murder where the death of the victim was caused by rape or attempted rape; 3) robbery involving the infliction of grievous bodily harm by the accused or any of the co-perpetrators or participants. 4) Indecent assault on a child under the age of 16 years, involving the infliction of grievous bodily harm; and 5) Rape
- when committed
(i) in circumstance where the victim was raped more than once, whether by the accused or by a co-perpetrator or accomplice; (ii) by more than one person, where such person acted in the execution of furtherance of a common purpose of conspiracy; (iii) by a person who is charged with having committed two or more offences of rape; or (iv) by a person, knowing that he has the acquired the immune deficiency syndrome or the human immune deficiency virus;
- where a victim
(i) is a girl under the age of 16 years; (ii) is a physically disabled women who, due to her physical disability, is rendered particularly vulnerable; or (iii) is a mentally ill women and; involving the infliction of grievous bodily harm.
In so far as sentencing is concerned, the law provides that the court must impose minimum sentences for certain serious offences, unless the court is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence. The High Court can now sentence a person convicted of rape (committed in the circumstances mentioned above) to life imprisonment. Indecent assault on a child under the age of 16 years involving the infliction of bodily harm, or assault with intent to do grievous bodily harm on a child under the age of 16 is now punishable, in the case of a first offender, to not less than 10 years imprisonment, for a second offender to not less than 15 years, and for a third offender to not less than 20 years imprisonment.
The Minister is convinced that the above measures, if properly applied, would send a strong deterrent signal to would be offenders.
The Minister would like to call upon members of the community in and around Eerste River to co-operate fully with the police and the prosecuting authority to ensure that a successful prosecution is achieved. Witnesses should not feel intimidated as they could be placed under our witness protection programme, if they fear for their lives.
It is only when we work in close partnership with one another that we can successfully rid society of this nemesis.
ISSUED BY PAUL SETSETSE ON BEHALF OF THE MINISTRY OF JUSTICE CAPE TOWN Tel: 021-4657506/7 Cell: 083 2524770
29 JUNE 1999