Outrage over bail granted to convicted rapist sentenced to eight years
Image: Supplied
The National Prosecuting Authority (NPA) has been called to challenge the bail granted to a rapist who was convicted and sentenced to eight years' imprisonment.
Rights group Sonke Gender Justice said it was concerned about the convicted rapist, Lulama Elvis Ray Mpahla, receiving bail pending appeal four days after sentencing.
Mpahla, an Eastern Cape-based traditional healer from Duncan Village, was arrested for raping a young woman in Kemption Park in 2021.
The woman was an initiate under his spiritual mentorship
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Sonke Gender Justice co-executive director, Bafana Khumalo, said Mpahla lured the young woman into a hotel room ostensibly to talk to her about her training and a message from her ancestors.
'In the course of this consultation, he raped her under the guise of facilitating a healing ritual. She was left confused and aggrieved by this experience and checked with other traditional healers if this was part of the process.
Everyone she checked with denied that this was related in any shape or form to a healing ritual. They all affirmed that, actually, what he did was take advantage of her and raped her,' said Khumalo.
The matter was reported at the Kempton Park Police Station, which later handed the docket to the NPA.
Mpahla, who was sentenced to eight years in prison earlier this month, was granted bail four days after he appealed the decision by the Kempton Park Magistrate Court.
This decision resulted in an uproar, especially from Sonke Gender Justice, which has been calling for justice for the victim and her family.
The organisation's policy development and advocacy manager, Mpiwa Mangwiro-Tsanga, stated that while bail pending appeal is a constitutional right, it is not automatic and 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 Mangwiro-Tsanga.
NPA Gauteng spokesperson Phindi Mjonondwane did not respond to calls and messages.
Mangwiro-Tsanga said Sonke monitored this case and supported the survivor despite several setbacks and multiple legal proceedings since 2021. The survivor endured many challenges, including secondary victimisation, 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.'
Meanwhile, the NoRegulationsForHealersWithoutHealers campaign also expressed its disappointment in the justice system.
'We are left grieving. How do you sentence a man, and allow him to go home? What message does this send to survivors, and those who risk everything to speak the truth?
Let it be known: If you see him at home, he is not free. He is a convicted rapist, found guilty by law. His presence in the community is not a triumph of justice - it is a wound reopened, a truth denied, a sacred trust betrayed.'
manyane.manyane@inl.co.za
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