Pretoria - "If the facts were not so appalling, one might believe that they formed the script of a play, a new television series or a movie, but alas no.”
These were the opening words of a Gauteng High Court, Pretoria, judge in a case where a Limpopo man handed himself over to prison authorities to start serving his three-year sentence for culpable homicide, but was sent home as the officials did not have his file. He was told to be on standby as they would contact him about when he should return to jail.
Nothing happened for six and a half years. But last month Edwin Rapholo was told by the clerk of the magistrate’s court “out of the blue” that he had to report to jail.
He had turned his life around; his third child is on the way and he is successfully employed by Cell C. He asked the office of the Director of Prosecutions as well as the Department of Correctional Services that his arrest be stayed, pending an application for reconsideration of the jail time, given the lapse of years.
“This was met with a stony refusal,” Judge Brenda Neukircher said. She interdicted the authorities from arresting Rapholo, provided that, he, within 15 days, instituted appeal proceedings against his initial sentence.
She made it clear that his arrest had to be stayed pending the finalisation of the appeal.
Rapholo was convicted of culpable homicide in 2008 and sentenced. The judgment does not mention for how long.
He took this on appeal, and the sentence was reduced to an effective three years. The court at the time - in 2010 - ordered him to hand himself over within 48 hours at the Atteridgeville men’s prison.
He had indeed done this, only to be told he must go home as they did not have his details and thus could not detain him. Rapholo was told that once the prison received the case record from the court, officials would be sent to fetch him.
He waited for more than six years and got married, had two children with a third on the way. He also got employment.
Rapholo told the court he was in fact now a changed man and an upstanding citizen. His world was shattered when in August he was ordered to report to jail to start serving his sentence.
It was argued on his behalf that a long time had lapsed since he was sentenced and his circumstances had changed.
He now had a family to take care of and if he went to jail they would be left without a roof over their heads.
The prosecuting authority and Correctional Services argued that he could never have laboured under the impression that he would not have to serve his sentence. They told the court that Rapholo was ready to serve his sentence six years ago, but because his circumstances had changed, he wanted his case to be reconsidered.
Judge Neukircher said it was appalling that the authorities were seemingly unconcerned that he presented himself at jail six years ago, but was sent home because they did not have his documentation. He was told he would be fetched, but for six and a half years nothing happened.
“This is, to say the least, not only reprehensible, but of immense concern. If they turned him away, how many other convicted criminals are simply turned away from prisons as the officials have not received their papers. How many have taken advantage of this and disappeared?” the judge asked.
She said had he served his sentence then, he would have continued with his life. “Instead, thanks to the shoddy way his case was handled, his life has been turned upside down.”
The judge said her order must not be seen to cover all matters of this nature, as each case was unique.
Pretoria News