Rape survivor left high and dry by justice system while suspect is out on bail

File photo: Pexels

File photo: Pexels

Published Sep 10, 2019

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Cape Town – Raped nearly five months ago while on a work trip, Nolovu Mazwayi feels the wheels of justice are turning at a snail's pace as her rapist is out on bail while she has been left in the dark regarding the progress in her case.

When she got a call last week from a detective, the first she had heard from the police since opening the case, saying that she should appear in the Worcester Magistrate’s Court yesterday for mediation, she was taken aback and confused as she never decided on mediation talks.

But Mazwayi, 22, went nonetheless, so that she could use the opportunity to gather information on the investigation.

“They offered me talks with his lawyer, and they wanted to find out whether I wanted to mediate. I declined. Nothing will ever take back what he did to me, but he won't pay me, or get off scot-free,” Mazwayi said.

Even though the court was still waiting for DNA evidence, Mazwayi said the magistrate told her yesterday that they would forge ahead with the case, which is expected to be before court again next month.

“Things are actually moving now. The magistrate said my word is strong enough,” she said.

Mazwayi, from Cape Town, worked in the sales and marketing industry in April when she was assigned to a job in Worcester.

In an emotional social media post she penned that she stayed in a house with a family whom she did not know.

Although she felt uncomfortable with it, she said she was assured she would be fine.

On the night of April 22, a man in the house forced himself on her. For an hour she fought him.

Nkabeni had strong words for her employer, Credico South Africa, whom she accused of being evasive for a while following the incident.

In a message exchange seen by the Cape Times, the employer on August 23 said that they would do their own investigation.

Yesterday, Credico South Africa chief executive Peter van den Berg said: “This is a criminal matter and we would not like to jeopardise the investigation. We are also led to believe that an arrest was made following the matter being reported.”

According to Van den Berg, Mazwayi was not an employee of Credico, nor was she an employee of Innovation Acquisitions.

“In terms of our business model, Ms. Mazwayi entered into an independent sales agent agreement with Innovation Acquisitions, which is a separate business entity that has a contractual agreement with Credico.”

“Even though this matter does not relate to Credico directly, we will certainly assist the legal process and/or aid in the investigation through the proper authoritative channels in this regard if needs be,” Berg said.

National Prosecuting Authority spokesperson Eric Ntabazalila said the case had been postponed for a regional court date.

South Africa has experienced a wave of violent crimes against women and children, which last week spurred thousands into action to demand the government does something.

President Cyril Ramaphosa has since said that violence against women has become more than a national crisis. He announced, among others, that the government was reviewing laws on domestic violence and sexual offences to prioritise the needs and interests of survivors.

Police spokesperson Noloyiso Rwexana said their detective was in constant contact with the victim.

“A suspect was arrested and appeared in court where bail was granted by the court. The process that SAPS follows with rape was followed and the victim was examined as required. The case is still under investigation and also awaiting the results from the forensic laboratory,” Rwexana said.

Nkabeni sought help from a Thuthuzele Centre, and was referred to Rape Crisis for counselling.

Rape Crisis has a 24-hour helpline: 021 447 9762. Alternatively, visit https://rapecrisis.org.za/get-help/

Cape Times

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