7 April 2022
MISA, the Motor Industry Staff Association, is appalled and disappointed in Police Minister Bheki Cele and President Cyril Ramaphosa for their failure to adhere to their respective constitutional duties to protect South African’s against crime.
In a disturbing landmark judgement, the Constitutional Court ruled that the Minister can be held liable for the shoddy police work in the case where a businesswoman was abducted and gang raped for more than 10 hours on a beach in Gqeberha.
To date President Cyril Ramaphosa has failed to act against Cele.
“This judgement comes less than a month after a study of the Human Sciences Research Council (HSRC) found that a mere 27% of South Africans have faith in the police. It is no wonder why if the judgement is studied. It is clear that Minister Cele is not doing his job and yet he remains firmly in his position,” says Martlé Keyter, MISA Chief Executive Officer: Operations and founder of the MISA Women’s Forum.
Keyter established the forum in 2009 to raise general awareness and increase the understanding of gender equality issues in the “world of work”, and to increase women’s economic and financial independence and decision-making. MISA at the fore, driving these issues in the retail motor industry, where the Union represents more than 53 000 members.
“The court found that the SAPS breached its statutory and constitutional duties toward the victim due to the mistakes during the search for her and the investigation of her case. If she was found sooner, she would have been spared a significant number of hours of the rape.
According to the judgement, the Constitutional Court found that not imposing liability, would have a chilling effect on the ability for survivors of gender-based violence to vindicate their rights. The last line of defence for victims, against government incompetence, is to place the responsibility on the management of the SAPS to ensure that officers are well trained and held to higher standards to do right by the victims of crime.
“This judgment is a victory to all victims, hence the President must eco the seriousness thereof and revoke the Minister’s appointment in his cabinet,” says Keyter.
Issued on behalf of MISA by Sonja Carstens, Media, Liaison and Communication Specialist.
For MISA Press Releases, phone Carstens on 082 463 6806 or email Sonja.Carstens@ms.org.za.