“Genoeg is genoeg, Phiri must rot in jail.”
This was one of the slogans chanted outside the Benoni Magistrate’s Court yesterday (September 4) as the Etwatwa and Daveyton community rallied their support behind the alleged rape victims in the case against Sipho Lucas Phiri, dubbed the Daveyton/Thembisa serial rapist.
Members of the GBV Brigade, along with community leaders, showed up en mass, calling on Judge Rasigamani Bhika to ensure justice is served and the accused faces the full might of the law.
Ekurhuleni MMC for Finance and regional secretary for the ANC in Ekurhuleni, Jongizizwe Dlabathi, said crimes committed against women and children is a pandemic which requires urgent intervention.
“We are here to support the victims and their families,” said Dlabathi.
“If found guilty, the accused must face the wrath of the law. He must spend the rest of his life behind bars and not be eligible for parole. Men like him are not welcome in our community.”
Media access
The trial against Phiri was set to begin on August 26, but delayed for Bhika to consider applications brought by the Benoni City Times and eNCA to film and photograph the accused and the proceedings.
The magistrate granted the request on August 27. However, proceedings again halted because the defence advocate Marianne Mampuru filed an appeal on behalf of her client.
Giving her reasons for granting the media order, Bhika said: “In considering this matter, I have been mindful of the tension between the right to freedom of expression and the open justice principle, on the one hand, and the accused’s right to a fair trial on the other hand. I have given due consideration to the competing interests of the press and that of the accused.
“One of the central principles in media matters such as this is that of open justice. There is nothing before me indicating that the accused’s right to a fair trial may be infringed by permitting the press to televise the trial.
“It is in the spirit of the principle of open justice and the interests of justice that I granted the order to the applicants.”
Mampuru and advocate Esther Kibini, acting on behalf of the State, will present arguments in this matter on tomorrow (September 5).
Bhika concluded the proceedings, stating she aimed to deliver her ruling on the same day for the trial to continue without further delay.
Before exiting the dock, Father Themba Seya of Daveyton blessed Phiri.
“I said a prayer over the accused, asking that the Holy Spirit would lead him to accept responsibility for his actions and to confess to any crimes he may have committed,” said Seya.
“I pray that the Lord guides his children to follow His word and righteous path.”
Speaking of the delays caused by the media applications, Dlabathi said it was unfortunate that so much time was spent on the matter but that he fully supported the City Times and eNCA.
“The accused should not be allowed to delay the proceedings purely to protect his identity,” he said.
“This man must be exposed.”
Echoing these sentiments, community leader Lucas Shabalala said given the magnitude of the charges brought against the accused, the communities he allegedly terrorised should know his identity.
“We owe it to the women of Daveyton and Thembisa to show them that a man accused of raping their mothers, sisters, daughters and friends is behind bars.”
ALSO READ: FOLLOW-UP: Trial against alleged serial rapist begins
ALSO READ: FOLLOW-UP: Case against alleged serial rapist transferred to high court
