Judges should be sensitive to victims of rape

Chief Justice Mogoeng Mogoeng advised judges to be sensitive to victims of crime when awarding bail to suspects.

Speaking at the University of Mpumalanga today during the 15th annual conference for the South African Chapter of the International Association of Women Judges, Chief Justice Mogoeng Mogoeng said: “Bail is a very sensitive issue, but I believe that the guidlines for granting or not granting a bail if properly followed, we shouldn’t be having some of the problems we have had before, because when the evidential material gathered in the case shows that there is a likelihood that this person would do what he did before or threatens the witness, then you do not grant bail,” he said.

He added that what he has learned from his colleagues within the judiciary system, the attitude is that suspects accused of murder or rape shouldnt be given bail.

“Once you are accused of murder or any of the serious crimes, including sexual offence and attempted rape, you shouldnt get bail.You are guilty already, what are you getting bail for,” asked Mogoeng Mogoeng.

He called on the judicial officers to be sensitive and do nothing that will make them look insensitive to victims of rape.

He appealed to judges to consult with lawyers on whether bail is justifiable in some cases.

Mogoeng Mogoeng was answering some of the questions raised during the two-day conference. The theme of the conference is: ‘Women Empowerment a showl and a shield in the fight against gender gender based violence’.

Prof Thoko Mayekiso, the Vice Chancellor of the university expressed the institution’s excitement in hosting the conference.

“The image of safety and protection is conjured on our minds whenever it is mentioned. I am pleased that our legal minds chose to host this gathering in the month where we celebrate women. In more ways than one, they are making a statement that the future of this country and that of the world would be poorer without the acknowledgement of the contribution and leadership of women.

“I am honoured and privileged to welcome you to-one of the institutions of higher learning in South Africa. You have assembled in an institution alive with promise and prosperity,”she said.

The conference started with a welcome gala dinner at Ingwenyama Lodge on Thursday.