14 November 2006
The South African Human Rights Commission (SAHRC) has requested an
investigation by the National Prosecuting Authority (NPA) into its conduct
leading to the conclusion of a questionable plea bargain agreement it reached
with a Free State businessman. The businessman was found guilty of indecently
assaulting six children, aged between 5 and 14 years over a nine-year period.
In terms of the plea bargain agreement the businessman was given, among others,
a five-year suspended sentence. The Commission is of the opinion that the
sentence handed down is light and not commensurate with the crimes
committed.
It is the Commissionâs view that sexual violence and the threat of sexual
violence goes to the core of what the NPA should protect, especially as one of
the primary agencies responsible for the protection of children, and in
particular, against the invasion of their fundamental rights by perpetrators of
violent crimes.
This opinion is also in concurrence with the unanimous Constitutional Court
judgment in the matter of Carmichele v Minister of Safety and Security, that
sexual violence and the threat of sexual violence are central in the
subordination of women in the South African society and that same is the single
greatest threat to their self-determination.
On the prima facie reading of the facts in the present matter the Commission
is of the view that the NPA has not discharged its responsibilities as
indicated in the sentence handed down to the Free State Businessman. The
Commission has, therefore, written to the NPA requesting a full investigation
into the matter and also into the conduct of the individuals in the employ of
the NPA in this regard.
Enquiries: Jody Kollapen
Tel: (011) 484 8300 ext 2115
Fax: (011) 484 8403
E-mail: mmoletsane@sahrc.org.za
Issued by: South African Human Rights Commission
14 November 2006
