Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

Rape accused escapes judgment with sudden onset of “hypertension”

Soundbite: Gerrie Nel in court

In an apparent abuse of the criminal justice system, as the KwaNojoli Magistrates Court was about to hand down judgement on rape-accused Isaac Memese, he requested that the case be adjourned so that he could consult with his lawyer, but he failed to return because, according to his lawyer, he collapsed due to hypertension. Yesterday began with Memese’s lawyer, Buhle Jikwana, requesting yet another postponement, but ended with the court ruling that Memese had caused unreasonable delays, the issuing a warrant for his arrest, and setting a final date for the rape accused to hear his fate.

AfriForum’s Private Prosecution Unit is privately prosecuting the case for Celeste Gouws who was raped on 2 September 2017, allegedly by Memese. Judgment was supposed to be handed down a year ago, but has been postponed six times since then. Memese’s legal team requested yet another postponement on Thursday, but Adv. Gerrie Nel, head of the unit, successfully brought an application in terms of section 342A of the Criminal Procedure Act to have the court declare that Memese had caused unreasonable delays and that judgement would be delivered.

Nel argued: “We deal daily with the collapse of the criminal justice system. This is how the defence team treats this court. It’s prejudicial to us, it’s prejudicial to the private prosecutor, but it’s also prejudicial to the court, and it’s prejudicial to the administration of justice.

“We presented facts to this court and we presented circumstantial evidence to this court to indicate that the right exercised by this accused is not used for the intended purpose, but is manipulated to cause unreasonable delays to such an extent that this court is obliged to have regard to the other affected interests and rights, and the other affected rights of society, interests of justice, the victim and the prosecution. Those are the others.

“We’re not saying he doesn’t have rights. He’s abused it, he’s manipulated his rights and it’s as clear as daylight to us so we make a respectful submission that this accused will do anything to avoid judgement. That’s his real reason for not proceeding,” said Nel.

After the court announced that it would proceed with judgement, Jikwana unilaterally terminated his brief. When the magistrate rejected this because it did not appear to be his client’s instruction, Jikwana requested to consult with Memese before asking for the matter to be dismissed. An hour later, Jikwana told the court his client “suffered hypertension and collapsed”. The court then issued an arrest warrant, but stayed it until the next court appearance.

The case has a lengthy and protracted history. The NPA issued the nolle prosequi certificate on 30 July, 2020; the trial began on 13 July, 2021, with the accused pleading not guilty; the private prosecutor closed its case on 23 February, 2022; the defence closed its case on 20 April, 2023; the parties presented closing arguments on 12 July, 2024; and judgement was set to be delivered on 26 November, 2024.

Barry Bateman, spokesperson for the unit, says the ongoing delays have severely prejudiced Celeste Gouws. “During her testimony, Celeste told the court that it would be better to die than to be raped. She is a victim of gender-based violence who was failed by the state when it declined to prosecute Memese. She approached AfriForum’s Private Prosecution Unit to get justice and the unit will not allow an abuse of process to deny her that for any longer,” said Bateman.

The case has been postponed to 3 March 2026 for judgment.