A ticking time bomb

While the National Prosecuting Authority and Gauteng police continue their investigation into the alleged gang rape of a 15-year-old pupil at Jules High School in Jeppestown, the country is sitting on a ticking time bomb.

As a specialised criminal attorney I am fully aware that the state has to do its job properly. This means collecting all the available evidence and if it is sufficient to justify charging the suspects — current or otherwise — to proceed against them.

This must however not detract from the very real problems that those connected to alleged victims have to be dealing with right now.

I have been bumped and sworn at enough times in court to know that emotions run very high in cases where children are involved.

Parents and those close to the victims become incensed with the criminal justice system as well as those defending the accused and especially with the perpetrators themselves.

John Grisham, the attorney who became a bestselling author, chose as his first topic a criminal trial that took place in 1984 at the De Soto County courthouse in Hernando in the United States.

Grisham witnessed the harrowing testimony of a 12-year-old rape victim and was so moved that he began his first novel which looked at what would have happened if the girl’s father had murdered her assailants.

The book is called A Time to Kill and while it deals with a US crime, the issue is universal.

When, and if, you read the book, allow a bit of leeway for literary licence — particularly with regard to the legal points — and you will soon find out how angry you become with the rapists.

Then imagine the real-life parents of a teenage daughter.

Grisham’s second book The Firm launched his career. This one, by far the better of the two, only took off when people realised that it was by the same author.

I want to stress right now that anyone who murders or attempts to murder someone in South Africa in revenge for deeds that they believe were committed against members of their family or loved ones will be charged and convicted with murder or attempted murder.

The party concerned will be facing life in prison because our law — quite rightly — detests self-help or vigilantism.

Under no circumstances should victims or their families seek retribution outside the law because the law and society will demonstrate to you how far you went wrong.

Having said that, while I was driving home from the office this week one of the news reports on the radio alleged that somehow footage of this purported rape had found its way on to the internet or was somehow being sold.

The minute I heard it my thoughts turned to A Time To Kill and what could only have been going through the mind of the family involved in the Jules High School incident.

NewsTime have already covered the story in detail but I would highly recommend that the authorities give consideration to the following:

The alleged suspects in this matter need to be watched or possibly placed in safety until this settles down. Their parents need to ensure they are monitored at all times before we have a tragedy — by which I mean that someone incensed by this incident does something stupid and ruins their lives.
Whoever is found to be in possession of footage of the incident should be arrested and charged — in addition to the standard fare which flows from releasing pornography — with anything authorities can find on incitement or worse.

If they are too stupid to realise how dangerous this inflammatory conduct is then a couple of years at a juvenile centre might somehow assist them in gaining some perspective.

As the Mail & Guardian wrote: “The saddest part of the entire case is the fact that our outrage probably won’t last another week. We’ve known about this problem in our schools for years.”

I highly recommend that article to everyone.

What is clear is that this problem needs urgent attention.

In addition, the collateral issues — which could lead to an horrendous fall-out as anticipated by John Grisham — need to be considered and measures put in place for people who are too stupid to understand what they are dealing with when they inflame situations such as these … until someone gets a bullet in the head.