AfriForum welcomes court dismissal of rape accused’s discharge application
AfriForum’s Private Prosecution Unit has scored a victory in its quest for justice in a gender-based violence case, with the Regional Court in Somerset East dismissing an application for a discharge brought by a rape accused. Isaac Andile Memese will now have to prepare his defense for when the matter resumes in December. He is accused of raping Celeste Gouws in 2017.
Magistrate Eric Mbiyo said in his judgment: “From all the evidentiary material presented to this court at this stage, the opinion of the court is that there is evidence upon which the accused might be convicted of the offence he has been charged, and it is for that reason that the application is dismissed.”
Earlier Adv. Gerrie Nel, Head of AfriForum’s Private Prosecution, argued that the private prosecution team has a very strong case. “There is a beyond reasonable doubt case at the moment. The accused can only exonerate himself if he testifies. It is not that the accused can incriminate himself. The case for the prosecution is absolutely strong,” he said.
Nel closed his case in February this year, after leading the evidence of several witnesses, including Gouws. She was raped in her house in 2017 after she had presumably been drugged. The Director of Public Prosecutions in the Eastern Cape initially refused to prosecute Memese despite overwhelming evidence against him.
AfriForum believes that the accused has previously been shielded from prosecution, because Memese and his family have political ties.
Gouws testified last about the events on the night of the incident. Adv. Nel presented CCTV footage to the court that clearly shows how Memese repeatedly touches and flirts with her, and even tries to kiss her. She repeatedly rejects his advances. Gouws testified that Memese repeatedly demanded her to take a bath with him. The footage also shows Memese exchanging his own glass with hers, and minutes later she becomes unstable. Memese never drinks from his own glass again.
Gouws eventually had to contact a friend to keep her company at the guest house that she managed, because Memese did not cease his unacceptable behaviour. After the friend had escorted Memese out, the footage shows the accused slipping into the house minutes later. He then forces a visibly intoxicated and unsteady Gouws to her bedroom.
AfriForum Private Prosecution Unit chief investigator Andrew Leask said: “We are elated that the court has dismissed the application. It has confirmed our conviction that we have a strong case against the accused. It still baffles us that the National Prosecuting Authority decided not to prosecute Memese. This ruling is a further indictment on the NPA for not pursuing the matter. In a country afflicted by the scourge of gender-based violence, we too often encounter cases where the NPA’s commitments to address these crimes are mere lip service. This is a case in point.”
The matter has been set down for 1, 2, 5 and 6 December 2022 for the defense to present their case.
