Cape Town - The family of a Strand woman who was raped and murdered in 2020 have questioned why the State took so long to bring the accused, Ashwin Hammers, to trial after the matter was postponed to August 29 this year.
The rape and murder of Faranaaz Mentor, 31, has left her family not only distraught, but also worried about the outcome of the court case.
Mentor’s sister Melissa Palmer, said: “It’s been difficult because every time he appeared in Strand (Magistrate’s Court), there were always postponements. We thought the case would go nowhere.
“We didn’t have much hope of getting justice for my sister because there are many cases like this going on for more than three years.”
She said although the matter has reached the Western High Court, the family still had doubts.
“It’s a very long time because as the advocate explained to us, they have enough concrete evidence to put him away for a long time. That makes me wonder why postpone it for so long,” she said.
The case is one of many that have experienced delays, specifically in the lower courts. SA Women Fight Back founder Bronwyn Litkie said the wheels of justice turned slowly when it came to gender-based violence.
“A woman that I’m dealing with, her rape case has been going on since 2020; it was by two of her colleagues at work, which was a gang rape.
“All the evidence was there but the case has just been delayed. She hasn’t heard from a prosecutor in over four months. We’re trying to offer as much healing as possible but it’s hard.
“Imagine having to go back and forth to court for over three years to face somebody that’s raped you and there is just no rush with the justice system whatsoever,” Litkie said.
The matter of Sibusiso Dakuse, the 12-year-old who was allegedly murdered by basketball coach Marvin Minnaar in February 2020, has yet to be heard, even though the family had been promised a date last year.
Legal Aid SA’s criminal manager Dick Kubana said delays often stemmed from reliance on forensic evidence.
“The high levels of crime in South Africa place a heavy burden on forensic science laboratories. Delayed forensic reports will in turn cause delays in trials commencing.”
He said it was considered unacceptable for an accused to be awaiting trial for more than two years.
Murder-accused Welcome Nkanyiso Mafunda was granted R20 000 bail by the Gauteng High Court this week after he had spent seven years in custody.
Lizette Lancaster, a crime and justice expert, said: “At the heart of the problem is the deterioration of the police’s investigation capacity and weak case management.
“Among a multitude of factors, too many cases are referred back to the police for further investigation.
“The criminal justice system has been weakened and actively dismantled through years of political interference, infighting, questionable appointments and poor leadership.
“This has resulted in an exodus of experts, inadequate capacity, poor morale and a deterioration of professionalism.”