Dolus Eventualis

Activists reject Lamola’s call to withdraw rape law challenge

They argue that the justice minister has misunderstood the challenge to the defence of mistaken belief in consent and the constitutional implications of criminalising negligence

Emsie Ferreira

7 min read

Male domination: People in Durban protest against gender-based violence. (Rajesh Jantilal/AFP)

CONSTITUTION

29 MAR 2023

Rape law challenge driven by emotion, ego – justice ministry

The department is opposing a bid to declare unconstitutional the defence a rape accused can use — that they believed the victim had consented

Emsie Ferreira

9 min read

The acquittal of the accused in 2021 by acting Judge Tembeka Ngcukaitobi raised considerable debate about the subjective test on consent in terms of which an accused can plead that he held the genuine, if mistaken, belief that he was not acting against the will of the victim. (Photo credit should read HERMAN VERWEY/AFP via Getty Images)

ANELISA NGCAKANI

20 OCT 2021

Coko vs S ruling: The case against a subjective test on consent in rape trials

Acting judge Tembeka Ngcukaitobi’s acquittal of a rape suspect has raised controversy, but legal experts say the fault lay with legislators and not the court

Emsie Ferreira

9 min read