NPA addresses public misinformation in Welkom lawyer's rape case

IOL News

5 days ago

The National Prosecuting Authority has snubbed out public claims that suggested 'nothing has happened in the matter' of a well-known Welkom lawyer who was convicted on charges of rape and sexual-related offences.
Image: File
The National Prosecuting Authority (NPA) has dispelled misinformation regarding the criminal proceedings against rape and sexual offences accused Jan Gysbert Maritz, a well-known attorney from Welkom.
According to NPA spokesperson Mojalefa Senokoatsane, the recent 'dissemination of misinformation' was noted with concern and in a statement snubbed out public claims that suggested that 'nothing has happened in the matter' or that 'Maritz has not been found guilty'.
In an effort to correct the public record, reinforce understanding of the criminal justice process, and protect the dignity and privacy of the victims, Senokoatsane confirmed that 57-year-old Maritz has, in fact, been convicted of multiple serious sexual offences, including rape, by the High Court of South Africa, Free State Division, Bloemfontein.
'Maritz was charged with 18 counts under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, as well as an additional count of assault. The sexual offences occurred over a period of seven years, from 2007 to 2014, across the towns of Virginia, Welkom, and Odendaalsrus in the Free State Province. All victims of the sexual offences were under the age of 18 at the time the offences were committed.
'On 17 May 2021, Maritz initially pleaded not guilty. However, on 21 May 2021, he made formal admissions in terms of Section 220 of the Criminal Procedure Act 51 of 1977, which were accepted by the court. Based on these admissions, the high court convicted him on 16 counts, including three counts of rape and several other counts involving sexual offences against minors,' said Senokoatsane.
Following his conviction, Maritz changed his legal representation and appointed Advocate Dawie Joubert SC, who launched two applications:
An application for the recusal of the presiding judge, Judge Naidoo, on grounds of alleged bias; and
An application to withdraw the Section 220 admissions, which had formed the basis of the conviction.
The high court dismissed both applications, affirming that the trial had been conducted fairly and without prejudice.
Maritz's recusal application was dismissed by the Supreme Court of Appeal, and subsequently, the Constitutional Court also declined to entertain the matter, effectively exhausting all avenues of appeal regarding the recusal. Maritz's efforts to withdraw his Section 220 admissions have also, to date, been unsuccessful.
Maritz is expected to be sentenced on 6 October, in the High Court of South Africa, Free State Division. The court is set to consider imposing the prescribed minimum sentence of life imprisonment.
'The NPA condemns the deliberate spread of misinformation concerning this case. Such actions not only undermine public confidence in the criminal justice system but also risk inflicting further emotional harm and secondary trauma on survivors. The NPA urges all members of the public to refrain from making or disseminating inaccurate statements that may interfere with the proper administration of justice.
'The NPA remains resolute in its constitutional mandate to uphold the rule of law, ensure justice for victims of sexual and gender-based violence, and hold offenders accountable, regardless of their professional or social standing. The Authority will continue to prosecute all matters without fear, favour, or prejudice,' said Senokoatsane.
In the denied recusal application, presiding Judge Somaganthie Naidoo refused to recuse herself from the criminal trial.
According to the court record, after Maritz was convicted on his guilty plea he was released on bail with certain conditions, pending sentencing proceedings.