Court tosses out rape-accused reverend Melvin Booysen’s attempt to gag victim

An Anglican church reverend and alleged rapist was shown the door by the Cape Town High Court this week, after he tried to silence a woman he’s been accused of having assaulted. 

Judge Elizabeth Baartman – who delivered the ruling on Monday – didn’t hold back, finding his application for a gag order was simply an attempt “to exert dominance” over the woman, after the decades-old case had finally started gaining traction.

During the hearing, lawyers acting for the now suspended Rev. Melvin Booysen – the applicant – had also argued Rev. June Dolley-Major – the respondent  – should have stated her claims were allegations in social media posts naming him as her rapist. But Baartman made short shrift of this, too, labelling it “an astounding proposition”.

Victim became champion for rape survivors

“It would be preposterous to give the alleged abuser editorial rights over the victim’s narrative,” the judge said.

Booysen is alleged to have raped Dolley-Major in Makhanda in 2002. She first started naming him on social media in 2017, after the state declined to prosecute her case. And over the course of the last few years, Dolley-Major has developed a thousands-strong following and – as Baartman described it – become “a champion for survivors of rape.”

The church has also since established a unit to deal with sexual complaints and a decision on Dolley-Major’s is currently pending.

But it wasn’t until this March that Booysen filed an urgent application to block her from posting about him, labelling the claims against him “untruthful and clearly intended to harm my reputation”.

Ultimately Baartman found the horse had already bolted and that the posts had now moved from identifying him as a rapist to reporting on the progress of an 18-year process, and providing a safe space for survivors.

“More harm will be caused to the respondent and those who have either shared their experiences or have been encouraged to speak out and seek help in respect of their own abuse,” she said.

Dolley-Major – who eventually resigned from the church and landed up living in a shelter – was elated with the outcome this week.

“There are no words to describe how happy I am. It’s a victory not just for myself but every survivor out there,” she said.

Victory for all women navigating the horror of rape

The Women’s Legal Centre – which was admitted as amicus curiae in the case – meanwhile welcomed the ruling as recognition of “the impact on all womxn who are trying to navigate the horror of rape in South Africa”.

Legal experts have warned, though, that it still remains unlawful to publicly “name and shame” rape accused before they have pleaded in a court of law.

“In this case, however, the court found that the posts had evolved from potentially defamatory content to a platform for all victims to be heard,” HJW Attorneys’s Kimberley Tee yesterday explained.

She also highlighted that – as the court pointed out – Booysen could still bring a defamation suit in future.

“However, the court was not of the view that removing the details of [Booysen] and / or the posts made by [Dolley-Major] deemed urgent remedy,” she explained.

Tee reiterated that where something was posted on social media, it was considered published, “and is therefore subject to the laws applicable to traditional media, such as newspapers,” she said.

“Accordingly, persons publishing information on social media, in the claim of doing so in terms of right to freedom of expression, will bear the responsibility to ensure that they do not exceed the limitation placed on such right, or engage in conduct which may be considered as defamatory”.

A decision on Dolley-Major’s complaint before the church is expected later this month. She said yesterday she was also considering a private prosecution in her criminal case.