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.

Private Prosecution Unit secures conviction and sentence in one day

After nearly five years of trial and dozens of delays, AfriForum’s Private Prosecution Unit secured the conviction of Isaac Andile Memese and a 20-year prison sentence for rape and housebreaking. Celeste Gouws, his victim, and her friends who have been by her side since the rape in 2017, were overcome with emotion as Magistrate Eric Mbiyo made the order and brought an end to a trial that started on 13 July 2021. Yesterday, the KwaNojoli Magistrates Court handed down judgment, heard sentence arguments and imposed the prison term in prolonged proceedings that lasted until 19:00.

Mbiyo found that Memese’s conduct was calculated to take advantage of an intoxicated woman, and vindicated Gouws, who had been branded a liar by the accused and defence. The Court found her to be a satisfactory witness and found her evidence to be truthful of what happened during that night.

“Even if the victim have taken alcohol, this does not make a licence for any man to take them cheap and abuse them because of their vulnerable state. It is also clear from the evidence that this rape was pre-planned, I would say pre-planned up to the last minute,” said Mbiyo.

Magistrate Eric Mbiyo (English)

On the night of 2 September 2017, Memese consumed alcohol with Gouws and her friend until she was severely intoxicated. Earlier in the evening, she had called her friend to the house because she suspected Memese was making unwanted sexual advances. The friend put Gouws to bed and left the property with Memese, but the rapist returned a short while later to sexually assault Gouws.

During argument for an appropriate sentence, Advocate Gerrie Nel, who privately prosecuted the case on Gouws’ behalf, described rape as humiliating, degrading, and brutal. “He broke into the house and the Court said he then started closing curtains and frog marched her to a room to rape her. It was well planned from the early evening to late evening till he got the gratification that he wanted. That’s what he wanted – gratification. He raped a woman for his own gratification,” said Nel.

Advocate Gerrie Nel (English)

The case has a lengthy and protracted history. The National Prosecuting Authority (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.

Although judgment was initially set for November 2024, it was postponed several times. During that period, Memese fired his previous legal team consisting of Advocate Mike Maseti and attorney Zama Somahela and replaced them with Advocates Templeton Mnqandeli Jikwana and Sonwabile Mancotywa in a last-ditch effort to escape judgment. The latter pair argued that Maseti had made a “material misdirection or a material mistake regarding the approach” of Memese’s case, particularly where it came to challenging material pieces of evidence. The Court dismissed a new application to recall all the private prosecution witnesses, re-open the defence case and set aside admissions that were made at the start of the trial.

Barry Bateman, the Unit’s Spokesperson, says this case demonstrates the Private Prosecution Unit’s effectiveness at addressing failures in the criminal justice system. “This is a significant victory not only for AfriForum’s Private Prosecution Unit, but also for vulnerable victims of rape who have been failed by the state. This entire process demonstrates the secondary trauma that victims of crime must endure. Both the police and the NPA failed Celeste. When deciding not to prosecute the case, a prosecutor callously remarked that Memese saw an opportunity – an intoxicated woman – and took advantage. Without private prosecution, this rapist would have gone free.

“The Unit will continue to fight against selective prosecution and for women who have been denied justice. Our next step will be to seek a cost order against the NPA for nearly five years of trial. When organisations such as AfriForum step in to do the state’s job, the state must bear the costs of the private prosecutor,” says Bateman.