Latest news with #SexualOffencesandRelatedMatters
IOL News
2 days ago
- IOL News
Decriminalisation of sex work: Western Cape High Court plans amici curiae hearings in September
After years of delays and no clear timeline for change, a sex worker known as S.H. together with SWEAT (the Sex Workers Education and Advocacy Taskforce), decided to take legal action. Image: Armand Hough/Independent Media The Western Cape High Court will hold a special hearing in September after several civil society groups applied to join the case on the decriminalisation of sex work as amici curiae (friends of the court). The hearings are set to take place between 1-2 September. In 2022, the Decriminalisation Bill was introduced, but progress in legalisation has been deemed by those affected as too slow, sparking legal action. After years of delays and no clear timeline for change, a sex worker known as S.H., together with SWEAT (the Sex Workers Education and Advocacy Taskforce), decided to take legal action. S.H. and SWEAT filed a case in May 2024 to challenge the laws that criminalise adult sex work, arguing that these laws violate constitutional rights like equality, dignity, safety, privacy, and health. In the court documents, SWEAT, on behalf of the sex workers, explained that the applicants are challenging the ban and criminalisation of the sale, the offer for sale, and the buying of sexual services by adults. They are challenging section 20(1A)(a) of the Sexual Offences Act 23 of 1957 (the Sexual Offences Act); section 19/(2) of the Sexual Offences Act; and section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (the Amendment Act). Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading In early 2025, the government (the Department of Justice) filed a response saying it supports decriminalisation and asked the court to give Parliament time to finish fixing the Bill. The September hearings will involve several organisations — from public health researchers to feminist lawyers to religious groups — who have asked to join the case as amici curiae. Some are in support of decriminalisation, and others are opposed to the case, wanting to argue that criminalisation should stay. Those seeking to join in support of SWEAT include: Treatment Action Campaign, Sonke Gender Justice, Socio-Economic Rights Institute of South Africa, Survivor Exit Foundation, United Nations Working Group on /discrimination Against Women and Girls, South African Human Rights Commission, Access Chapter 2, Amnesty International South Africa, GenderDynamix, Cause for Justice, The African Policing Civilian Oversight Forum, The Centre for Human Rights (University of Pretoria) and the Dullah Omar Institute for Constitutional Law, Governance and Human Rights (University of the Western Cape), Women's Legal Centre Trust and Triangle Project. Some of these opponents have now applied to become full respondents (official parties to the case). SWEAT added that the opponents have also stated that they need to be allowed to join as respondents, as the Department of Justice is no longer opposing it, and they believe that they are doing this in the public interest. The applicants are seeking: All pending charges and criminal proceedings relating to sexual services solicited, engaged in, rendered or received by adult persons brought under the rubric of the impugned provisions must be withdrawn. The criminal records of any person who has, since 16 December 2007, been convicted of rendering, engaging in or receiving sexual services in terms of the impugned provisions must be expunged, and Any person serving a sentence pursuant only to a conviction falling within the terms of the above must be released. In court papers, SWEAT said although there are no agreed on, or recent, estimates of the number of adult sex workers in South Africa, in 2015, there are estimated to be between 131,000 and 182,000 adult female sex workers in country, but that number does not account for adult male sex workers, or transgender or non-bínary sex workers. They also mentioned that in the fourth quarter of 2023, the informal sector accounted for 19% of total employment in South Africa, and is the fastest-growing sector of the economy. The main case of the decriminalisation of sex work is expected to be heard towards the end of 2025 or early 2026.
IOL News
6 days ago
- IOL News
NPA addresses public misinformation in Welkom lawyer's rape case
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.
IOL News
14-05-2025
- IOL News
Man Sentenced to Life for Rape of 64-Year-Old
Abram Tobani Makubela, 25, received a life sentence for the rape of a 64-year-old woman in Limpopo, highlighting ongoing concerns over violent crime in South Africa. Abram Tobani Makubela, 25, received a life sentence for the rape of a 64-year-old woman in Limpopo, highlighting ongoing concerns over violent crime in South Africa. A 25-year-old man has been handed a life sentence for raping a 64-year-old woman in the Sekhukhune Limpopo. Limpopo police spokesperson Colonel Malesela Ledwaba confirmed a chilling account that unfolded in the early hours of December 4, 2023. At around 12.30 am, a 64-year-old woman and her boyfriend were asleep in their home in Donkey-Stop village when they were jolted awake by the sound of shattering glass. Ledwaba said the accused, Abram Tobani Makubela, broke through the window and burst into the bedroom, demanding money from the terrified 64-year-old woman and her boyfriend. 'The accused demanded money and told the victim that he saw her buying liquor at a local tavern. She told him that the money was under a tablecloth, and he searched for it and found an axe under the bed.' Ledwaba said that the accused instructed the 64-year-old victim's boyfriend to cover his face with a pillow before proceeding to rape her. After committing the brutal act, the accused ransacked the room, took R200 in cash, and then moved to another house within the same yard, where he stole a handbag containing R1 500 before fleeing the scene on foot. A rape case was registered at the local police station and transferred to the Groblersdal Family Violence, Child Protection, and Sexual Offenses (FCS) Unit for further investigation. Following a thorough inquiry, Makubela was arrested on April 20, 2024, at the Groblersdal policing precinct. Ledwaba said Makubela was conclusively linked to the brutal crime through DNA analysis while he was out on bail. After multiple court appearances, he was found guilty of rape, housebreaking with intent to rob, and robbery with aggravating circumstances — offences committed in violation of Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Makubela was handed a life sentence for the brutal rape along with an additional 15 years for housebreaking and robbery. The Groblersdal Regional Court ruled that the sentences would run concurrently and declared him unfit to possess a firearm, ensuring he is permanently removed from society. Meanwhile, Provincial Commissioner of Limpopo Lieutenant General Thembi Hadebe applauded Constable Tebatso Henry Mphahlele for ensuring that the accused is permanently removed from society for committing heinous acts of this nature. The Star
