Lower courts failing in their duty to the vulnerable

After her charred body was found in a field on August 26, University of Cape Town student Uyinene Mrwetyana’s brutal death galvanised a renewed national wave of activism against gender-based violence. Post office worker Luyanda Botha’s chilling confession to the crime, before the high court in Cape Town on Friday, rekindled the nation’s collective anger. The three life sentences handed down to him appeased, somewhat, the demand for justice. It was fitting as we approach the 16 days of activism against violence against women and children.

But in Umlazi, KwaZulu-Natal, child rape victims did not receive the justice they deserved, as can be seen on the Sunday Times front page today.

The Magistrates Commission, which oversees the conduct of presiding officers in district and regional courts, has ordered an audit of all cases magistrate Kholeka Bodlani presided over since her appointment in 2013. This comes after two review judges blasted her “shockingly inappropriate” sentences. She allowed two child rapists — including a father who raped his 11-year-old daughter — to effectively walk free.

The sentences fly in the face of the law, which stipulates a mandatory life sentence for the rape of a child under 16 if there are no significant mitigating factors. The judges have ordered that the offenders be resentenced, and this week one was handed a 20-year jail term. At least 17 other cases are under review.

Umlazi has the second-highest number of reported sexual offences cases in the country. And that Bodlani could dish out such paltry sentences for so long beggars belief. Efforts to ensure that justice is meted out — particularly in areas of shockingly high levels of such crimes — should be a priority.

The Magistrates Commission has told parliament that in the past eight years, more than 50 magistrates — including chief magistrates and regional court presidents — have been fired for offences such as theft, corruption, fraud, murder and sexual assault. If the guardians of the public’s constitutional rights to safety and justice fail, society suffers.

We cannot allow our justice system to fail our most vulnerable citizens.