IN GOOD FAITH
CARMEL RICKARD: Speaking about rape
In some areas judges and magistrates hear many terrible cases about this crime. But a high court judge says they should keep a rein on their remarks
Seems to me we need to talk about the language of rape. What words are acceptable when we describe perpetrators and reflect on the prevalence of rape? More specifically, what may judges and magistrates properly say in court about rape? Earlier this year a committee of the Judicial Service Commission was convened to consider the case of Judge Mabel Jansen, alleged to have made racist comments about rapists outside of court. Then, on February 23, Judge Thembekile Malusi — sitting in the high court, Grahamstown — ordered a magistrate to undergo sensitivity training following her remarks about rapists.That case concerned rape accused Thabang Kobese, who challenged the decision of a local magistrate refusing him bail. He allegedly raped a 14-year-old girl three times and stabbed the girl’s younger brother. Kobese listed reasons why he should get bail, but the magistrate turned him down. The investigating officer gave evidence on why he should not be released. She said three young childre...
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