We, the undersigned, call on the Department of Justice and the National Prosecuting Authority to ensure that the necessary steps are taken to ensure that justice is served in Buyisiwe's case.
Buyisiwe was gang raped on the 2 October 2005 by eight men. For almost three years her case has been plagued by postponements and delays. Some of these include:
· On 12 June 2006 the matter was struck from the court roll in Tembisa Regional Court after the complainant's statement and the transcripts from the bail application hearing went missing. On the same day the accused persons were released from custody. The matter was finally reinstated in November 2006 in the Wynberg Sexual Offences Court.
· On 3 April, 18 June and 24 July 2008 the matter was repeatedly postponed due to the defence attorney not being present in court.
· Finally, on 13 August 2008 the Wynberg Sexual Offences Court set the matter aside after it came to the court's attention that the defence attorney has not been on the Law Society of South Africa Register for Practicing Attorneys since December 2004.
· The matter has now been transferred to another court and postponed to 8 September 2008 to allow the accused to secure legal representation. In effect, this means that the Complainant and all state witnesses will have to give evidence and be cross-examined again.
We therefore demand the following:
1. Buyisiwe's case be transferred to the Johannesburg High Court for prosecution;
2. That once the matter has been set down for trial, that sufficient court time be allocated to the case so as to avoid unreasonable delays; and
3. All accused be taken back into custody pending the outcome of the trial.
For information please visit: http://www.oneinnine.org.za/