The Commission for Gender Equality (CGE) has noted that one of the accused in Anene Booysen’s rape and murder trial, Mr Jonathan Davids has been refused bail in terms of the Criminal Procedure Act as Amended.
The CGE is aware Section 60 of the Criminal Procedure Act states that a court can normally refuse bail “in the interest of justice” only where there is the likelihood that the accused, if he or she were released on bail, will endanger the safety of the public or any particular person; will evade his or her trial; will attempt to influence or intimidate witnesses or to conceal or destroy evidence; or if, in exceptional circumstances, there is the likelihood that the release of the accused will disturb the public order or undermine the public peace or security. Bail can also be refused to protect the accused.
As the Commission, we respect the right of the court to come to such a decision. “The CGE is cognisant of the fact that everyone is presumed innocent until proven guilty” said Mr Mfanozelwe Shozi, the Chairperson of the Commission for Gender Equality.
Mr Shozi further reiterated that: “We are aware the Mr Davids’ s co-accused, Mr Johannes Kana did not seek bail for fear of public retribution, as the Commission, we respect his right to forsake bail application”
“We hope that the state in preparing for this case will up its game to ensure that people’s confidence in the justice system is enhanced, especially for victims and the survivors of violence and gender based crime”
The purpose of a fair trial is to ensure that justice is delivered for both the accused and the victim.
The CGE urges all South Africans to join hands in fighting the scourge of violence, and in particular, gender based violence. We need consented efforts in addressing masculinity and patriarchy in order to eradicate the scourge of violence and gender based crimes.
The CGE will continue to monitor the case of Ms Anene Booysen’s rape and murder.
