Angella Johnson
HUMAN rights groups have criticised Minister of Justice Dullah Omar and Gauteng’s Safety and Security MEC Jessie Duarte, for their ”knee-jerk” reaction to the public outcry after bail was given to 18-year-old Anwah Philander.
Both politicians had objected to the granting of bail to the younger brother of entertainer Soli Philander in connection with the rape of two sisters at their home in Observatory, Johannesburg. All charges against Philander were withdrawn on Wednesday.
A national outcry over the gang rape, and that of two teenage cousins in Malvern, Johannesburg, led to calls for suspected rapists to be denied bail for a week while police complete their inquiries. Omar and Duarte led the calls.
”We note with deep concern Minister Omar’s proposal to amend legislation to compel courts to refuse bail to those accused of serious offences,” said a statement from the Human Rights Committee of South Africa.
”Moreover, it is alarming to note that a constitutional amendment may be envisaged to prevent such a law from being struck down as unconstitutional.”
Graham Simpson, director of the Centre for the Study of Violence and Reconciliation, said Duarte and Omar had responded to public pressure and trial by media. ”This case is a classic example of how an innocent person would have been presumed guilty and incarcerated for seven days without the possibility of bail,”
He accused the politicians of ignoring the systemic reasons for rapists being granted bail – such as police not providing adequate information to the courts and magistrates not using powers already enshrined in law to deny bail.
Kevin Attwell, the Witwatersrand deputy attorney general, also questioned the call for bail conditions to be tightened, warning it was likely to cause serious constitutional repercussions.
Omar said on Thursday he did not regret the linking of the Philander case to his call for tougher bail conditions. ”The rape of these two girls highlighted the tremendous problem rape poses in our society, and it was appropriate that we should respond by indicating the way we are thinking.”
He said he wasn’t sure what evidence the police had against Philander prior to the arrest, nor whether the police should consider apologising. Omar would not apologise. He was also concerned about the growing number of cases were arrests are made, people held, and then charges withdrawn.
But Duarte’s said she had acted correctly in light of the evidence given to her by police in objecting to the
R5 000 Philander bail. Duarte later retracted her criticism of the magistrate. ”I did not know who was involved at the time, but I believe anyone accused of rape or any other serious offence should be held in custody while police carry out their inquiries.”
A 22-year-old Zimbabwean has since been arrested and identified by the rape victims. The Philander family is threatening to sue the police for wrongful arrest, and the media for its reporting. They also claim to have given detectives information which would have led to the arrest of at least two other people connected with both the Malvern and Observatory rapes.