Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:  

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

 

The matter proceeded in the Johannesburg High Court on the 29^th August 2016 as scheduled. The court hearing the matter was sitting as both the equality and constitutional court.  All parties interested in the matter were represented, however Mr Qwelane was not present and it is on this basis that his Advocate applied for postponement of the matter. The application for postponement was on the ground of Mr Qwelane’s ill health preventing him to appear in court. His Doctors statement explained that he has a condition of hypertension, severe chronic respiratory problem, to which he is on oxygen support for 24 hours in a day, he also has pneumonia and cannot walk for more than 200 meters.

Council for both sides including the amicus curiae in the matter were allowed to present their answers to the application to postpone the matter. The SAHRC and the Psychology Society of South Africa opposed the application. Their grounds for opposing the application were that, there is nothing in the Doctor’s note that shows a likelihood of Mr Qwelane’s condition improving in order for him to be in a position to appear in court, further that as his health is deteriorating it could be better to use other available options to urgently get necessary evidence from him without him physically coming to court, this was because if the case is postponed the court might never have an opportunity to get such evidence as Mr Qwelane has been ill since 2015 and since then been in and out of hospital. Lastly the Doctors statement does not have any information suggesting that he is not fit to give evidence or that his ill health has affected his cognitive capabilities.

The finding of the court was to postpone the matter up until the time to be determined by the court and there was no order on costs. The reasons Judge’s decision were that the application to postpone was well grounded and in the interest of “ubuntu” he does not feel that the application was a delaying technique, irrespective of the fact that the Applicants in the matter stressed that equality proceedings of this nature public interest has to be taken into consideration and the interests of the victims of Mr Qwelane’s homophobic statements.   The matter ended with the applicants showing an intention to apply for leave to appeal against the decision of Judge.

As POWA supporting the Applicant’s case, we feel discouraged, because the court is not leaving us with any options that will make sure that the matter proceeds for justice to be served in this matter. The matter has already delayed since 2009, and with Mr Qwelane’s ill health conditions there is no likely probability of improvement for him to appear in court, says Palesa Mpapa- POWA Legal Manager.

After nine (9) years of suffering and fighting for justice, Phindile Radebe finally got closure when the killer of her son was sentenced to eleven (11) years.

The mother of the deceased was not happy with eleven (11) years of imprisonment but accepted the judgment. POWA is also not satisfied with the sentence as it goes against the minimum sentence of Fifteen (15) years for an offence committed by the perpetrator.

With the support that POWA afforded   Mrs. Radebe we were praying for a harsher sentence. Nonetheless, POWA is still calling for strong action and denial of bail when dealing with perpetrators of Violence against Women & Children.

POWA hope that women going through similar hardship who need our support and assistance could come forward.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

Oscar Pretorius murder Case back to Court once again applying for leave to challenge Judge Masipha’s decision:

Today on the 26 August 2016, the National Public Prosecution will be applying for Leave to Appeal to the Supreme Court of Appeal against the sentence that Judge Masipa passed against Oscar which was lower than the minimum sentence of 15 years for murder.

POWA is encouraged by the NPA of pursuing the case this far as the sentence that has been granted undermines the criminal justice system. To us this mean that we are not alone in the struggle, while other citizens still feel that justice is been served for Reeva’s case, it is encouraging to see such endeavours from other law enforcement agencies who are willing to take the case to its limit in order to ensure that “violence against women is not trivialised” for protection of women and girls in South Africa. We are very encouraged looking forward to the ends of justice been stretched for the rights of women, says the Legal Manager POWA.

Hopping that the appeal is granted in order for Oscar’s sentence to be considered by the Supreme Court of Appeal, as POWA continually calls for strong action against perpetrators of Violence against Women & Children.

For more information and assistance through counselling and legal advice on violence against women, kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about services that POWA offer.

 

POWA in partnership with Jenny Nijenhuis is asking for new panties/underwear to highlight rape issues in preparation for 16 Days of Activism for No Violence Against Women and Children campaign.

The case proceeded on the 19th of April 2016 with sentencing submissions at Palm Ridge Magistrate Court in Alberton.

During the proceedings in court the Defence Attorney emphasized that the accused is taking responsibility because he states that he could have acted differently on the day of the incident, therefore killed the deceased unintentionally. It is the defence submission that the court should deviate from the minimum sentence of 15 years imprisonment when sentencing the accused because at the time of the commission of the said offence the accused was 50 years of age, he therefore recommends 5 years imprisonment.

On the other hand the Prosecution states that the accused denied any responsibility, now that the state proved its case beyond reasonable doubt he admits that he was negligent. One would agree with the prosecution that he is not showing any remorse because he could have pleaded guilty from the onset. The prosecution recommends a harsher sentence against the accused, imposing a lenient sentence will be unjust.

POWA is praying for a harsher sentence against the accused because his actions were not the actions of the responsible father. The interests of the community should be taken into consideration and the circumstances of it having happened in a domestic setup. A harsher sentence will set a good precedence for future offenders and will also deter future perpetrators of the similar offence.

POWA is calling for strong action when dealing with perpetrators of Violence against Women & Children.
For more information and assistance through counselling and legal advice on violence against women kindly contact POWA at (011) 642 4345, email info@powa.co.za/ legal@powa.co.za or visit our website on www.powa.co.za to learn more about service that POWA offer.

After nine years of trying to get her abusive husband punished for killing their son and landing another in jail, Phindile Hadebe hopes that justice will be served.

Yesterday, members of NGO People Against Women Abuse (Powa) and the Katlehong community protested outside the Palm Ridge Magistrate’s Court where David Hadebe appeared briefly.

He was to be sentenced for murder but the case was postponed due to the unavailability of a defence lawyer.

It took nine years for David to be prosecuted and convicted of killing his own son.

Powa said it had intervened in the case two years ago after being approached by the community about the abuse that was continuing while David was out on bail.

On Christmas Day in 2006, Hadebe and her two sons had gone to visit her family, leaving her husband behind at their home in Katlehong. When they returned, David had locked them out of the house.

Their son. Musawenkosi, who was 20 at the time, managed to open the door but when he went in, his father stabbed him three times.

David Hadebe was arrested after being captured and beaten by members of the community. He was later released on bail. While on bail, Hadebe’s eldest son shot him, leading to a conviction of attempted murder. The son is serving a five-year prison sentence.

“Had he not been released on bail my son would never have attacked him and he would not be in jail,” Phindile Hadebe said. “I have been through so much. I’ve lost both my sons because of this man. He must just be sentenced and go to jail for good.”

She said her struggle to get justice had been long and painful. Hadebe said the case docket had miraculously disappeared and that she had been told that that was the end of it. It was only when Powa wrote a letter to the National Prosecuting Authority asking for the charges to be reinstated that she had gained hope again. David Hadebe will be sentenced on April 4.

Dudu Dube

dudud@thenewage.co.za

POWA members were again picketing at Westonaria Magistrate Court on the bail application of the accused in Zestah September’s case, a victim of intimate partner violence who was brutally murdered by her partner.

The decision of the court to deny the accused bail on the basis that the accused is suicidal and poses a threat to himself and community. The court sees a likelihood that he may not attend trial or he might commit a successful suicide if released. It was also mentioned by the court that the involvement of community members and civil society organisations like POWA shows how angry people are about this case and if ever he is released they would act out in revenge.

The court’s decision resonate with POWA is advocating for regarding bail for cases of domestic violence. POWA advocates for denial of bail because of the nature of the offence. The reasoning for this is in most cases the accused is always known to the family of the victim therefore by granting him bail, the family members might act in anger. Out of frustration they might “take the law in their own hands” by action in revenge, or commit other offences that could be prevented by keeping the accused in custody until trial. Denying him bail also prevents the likelihood of him interfering with the state witnesses who are usually the family members and friends of the victim that are known to him, says POWA Legal Manager Palesa Mpapa.

Now more than ever we are advocating for a stronger sentence to be passed by High Court in order to deter potential perpetrators of domestic violence. The statistics are continually alarming and the courts have not yet passed strong sanctions that sends a message across says Palesa Mpapa.

POWA is calling for strong action when dealing with perpetrators of Violence against Women & Children.

For more information kindly contact POWA at (011) 642 4345 he might commit a successful suicide if released. It was also mentioned by the court that the involvement of community members and civil society organisations like POWA shows how angry people are about this case and if ever he is released they would act out in revenge.