Five years and nine months since his first appearance in the Roodepoort Magistrate’s Court, Claude Marais was to hear his fate. Regional Magistrate Delise Smith handed down Marais’ sentence in the same court.
During the sentencing, Smith said a clear message had to be sent out to other sexual offenders those acts will not be tolerated and that school girls have to be protected. She said a warning or a fine would not be suitable but that incarceration would be, as Marais has not shown any remorse about the negative effects his actions have had on his victims. “School girls will be able to walk around freely, not only because Marais has been removed from society, but because other offenders will realise that they could face time in prison.”
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Smith continued and said that correctional supervision also needed to be considered. This would ensure that he could still fulfil his role as a father and that the court and Correctional Services would be able to force him to attend certain rehabilitation programmes.
Marais has been in the public eye since newspapers reported on the events. These reports have affected his father’s business negatively. Marais is currently being treated for depression and post-traumatic stress.
If the court had to weigh up these two options, incarceration would be the best option, Smith said.
Smith handed down the sentence as follows:
Counts 1, 2, 3 and 8: On each count three years’ imprisonment suspended for five years on condition that Marais is not found guilty of contravening section 17(1) of the Criminal Law Amendment Act [Sexual Offences and Related Matters 32 of 2007] during the period of suspension
Count 7: In terms of section 276(1)(h) of the Criminal Procedure Act 51 of 1977 three years correctional supervision which shall consist of the following:
A. House arrest for the full duration of the period of the correctional supervision at his present place of abode or any other place of abode to be determined by the Commission of Correctional Services
B. Sixteen hours of community service per month during the period of Correctional Supervision
C. Refrain from use of alcohol and/ or drugs (other than prescribed by a medical practitioner)
D. Submission to the following therapy programmes at his own expenses:
1. Crime prevention
2. Life skills
3. Sexual offenders programme
4. Psychological therapy
5. Anger management
6. Any other programme identified by the Commission of Correctional Services
Marais must submit him to any monitoring services, including electronic tagging to ensure compliance with the conditions of correctional supervision.
Marais is not allowed to leave the magisterial district in which he resides without consent and his name will be entered into the register of Sexual Offences.
The father of one of the victims said he believed the judgement was fair and it served its purpose. “Although my daughter is scared knowing he is still out there, justice has been served. Children should know the system is there to protect them. I also believe the investigating officer did an outstanding job.”
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