About 150 angry protesters cheered on Tuesday as they heard the case of a Khayelitsha traditional dance teacher charged with raping eight girls aged between five and 12, would be moved to the Western Cape High Court.
“This is what we needed. In the high court the case will not drag on,” said Treatment Action Campaign (TAC) activist Mthuthuzeli Dutyulwa.
The TAC and Social Justice Coalition (SJC) activists had earlier protested outside the Khayelitsha Magistrate’s Court, calling for the speedy prosecution of Mlulami Gagu.
“Gagu must be sent to jail,” they shouted.
Gagu, 42, is accused of raping the girls in a Nkanini church hall after he taught them how to dance in November 2009.
The alleged offences only came to light in April last year after a child told a friend.
Furious residents reported the allegations to the local police station. He was arrested and first appeared on May 10.
During his second appearance a week later on May 17 the Khayelitsha Magistrate’s Court heard that Gagu had two previous rape convictions and that 22 other counts of rape related to the current case had also emerged since his arrest. They would be added to the charge sheet.
The court had also heard Gagu had two pending rape cases in the Eastern Cape from 2004 and 2007, but he told the court he did not remember the 2007 charge.
When Gagu appeared in the Khayelitsha Magistrate’s Court on Tuesday prosecutor Ntsikelelo Peter asked for a postponement to allow the Directorate of Public Prosecutions to set a date when he would appear in the Western Cape High Court.
The request sparked protests from Gagu’s Legal Aid attorney Manelisi Macaba.
Macaba launched a scathing attack on the State for constant postponements of the case. Macaba said Gagu had been in custody since his arrest in May and it was unfair and unjust to postpone the case yet again.
“It’s evident today that the wheels of justice are turning slowly.
“I understand the number of counts he is facing but my client has a right to a speedy trial,” said Macaba.
Peter said the State noted Macaba’s objections but they were dealing with an “intricate” case with eight dockets.
The case was postponed to February 18 for the Directorate of Public Prosecutions to set a date for a Western Cape High Court appearance.
Outside the court, gender activists jumped for joy as a TAC leader announced the decision to move the case to the Western Cape High Court.
“This is a sign of the magnitude of charges against him. This is not a small thing,” said Positive Men United secretary Aviwe Mtibe. - Cape Times