Minutes after criminal charges were withdrawn against an Eastern Cape woman who stabbed to death a man and wounded two others she believed were gang-raping her daughter, she said she was overwhelmed by the support from South Africans.
The mother, 56, – who cannot be named to protect the identity of her daughter – stabbed the alleged rapists on September 2 at an unoccupied house in Zwartwater near Komani. She was arrested and released on R500 bail.
The murder and attempted murder charges were withdrawn yesterday in the Lady Frere Magistrate’s Court. There was jubilation in the packed courtroom as magistrate Bala Mhlanga handed down the ruling. This was after prosecutor Fikile Seti told the court the director of public prosecutions (DPP) had told him the authority had declined to prosecute.
No reasons were given in court.
Addressing hundreds of supporters, the mother said she was overwhelmed by the emotional and financial support she had received.
“I felt like an old baboon which has no friends, but today you showed me that I have people and that I was not alone. Thank you for the support,” she said. “I am happy that the charges are withdrawn against me when I thought I was going to jail, but God was on my side,” she said.
She said when she stepped into the dock, she never thought that the charges would be withdrawn. “I was afraid but with the support of the people outside and those who filled the court, I was strong,” she said.
After the Daily Dispatch broke the story, South Africans rallied behind the mother. Cape Town resident Natalie Kendric was so touched when she read the story on the Daily Dispatch Twitter account that she set up a generosity page on Facebook and Twitter. As a result, 198 people donated R133356.30 for legal costs and psychological needs.
Lawyers also responded and offered to represent her pro bono.
Her attorney, Buhle Tonise, said the money would be used for her wellbeing. “She still needs to go for trauma counselling for her and her daughter. We have transferred the money that was paid to us to her for her wellbeing,” she said. “She wants a fence and also another room for her daughter. She also asked for assistance with her money as she has never had that amount before.
“She wants assistance on how to save it so it lasts longer,” she said.
Patrick Godana of Sonke Gender Justice said they had come from Cape Town to support her.
“I am happy at the decision taken by the DPP as it shows that the justice system saw no need to prosecute the woman,” he said.
Eastern Cape Social Development MEC Nancy Sihlwayi was equally happy about the DPP’s decision not to prosecute a “hero”. “Her daughter, family and the community are all victims of this crime. She did all she could to protect her child.”
The two men accused of raping the 27-year-old are in police custody and will soon appear in court to face rape charges.
Gareth Newham from the Institute for Security Studies said if faced with an attacker‚ people may defend themselves in proportion to the attack – but excessive force may end in trouble with the law. He did not directly refer to the case but explained the law in general terms.
“The checks and balances for self-defence are quite rigorous.
“You will have to demonstrate that you reasonably believed that your life was threatened‚ that you were going to die if you didn’t defend yourself. You have to really believe that your life was in danger.”
“The DPP will only go forward with a case if they are over 90% sure of getting a conviction.”
— thembiles@dispatch.co.za with additional reporting by Petru Saal
‘Lion mama’ is free of murder charge
The mother, 56, – who cannot be named to protect the identity of her daughter – stabbed the alleged rapists on September 2 at an unoccupied house in Zwartwater near Komani. She was arrested and released on R500 bail.
The murder and attempted murder charges were withdrawn yesterday in the Lady Frere Magistrate’s Court. There was jubilation in the packed courtroom as magistrate Bala Mhlanga handed down the ruling. This was after prosecutor Fikile Seti told the court the director of public prosecutions (DPP) had told him the authority had declined to prosecute.
No reasons were given in court.
Addressing hundreds of supporters, the mother said she was overwhelmed by the emotional and financial support she had received.
“I felt like an old baboon which has no friends, but today you showed me that I have people and that I was not alone. Thank you for the support,” she said. “I am happy that the charges are withdrawn against me when I thought I was going to jail, but God was on my side,” she said.
She said when she stepped into the dock, she never thought that the charges would be withdrawn. “I was afraid but with the support of the people outside and those who filled the court, I was strong,” she said.
After the Daily Dispatch broke the story, South Africans rallied behind the mother. Cape Town resident Natalie Kendric was so touched when she read the story on the Daily Dispatch Twitter account that she set up a generosity page on Facebook and Twitter. As a result, 198 people donated R133356.30 for legal costs and psychological needs.
Lawyers also responded and offered to represent her pro bono.
Her attorney, Buhle Tonise, said the money would be used for her wellbeing. “She still needs to go for trauma counselling for her and her daughter. We have transferred the money that was paid to us to her for her wellbeing,” she said. “She wants a fence and also another room for her daughter. She also asked for assistance with her money as she has never had that amount before.
“She wants assistance on how to save it so it lasts longer,” she said.
Patrick Godana of Sonke Gender Justice said they had come from Cape Town to support her.
“I am happy at the decision taken by the DPP as it shows that the justice system saw no need to prosecute the woman,” he said.
Eastern Cape Social Development MEC Nancy Sihlwayi was equally happy about the DPP’s decision not to prosecute a “hero”. “Her daughter, family and the community are all victims of this crime. She did all she could to protect her child.”
The two men accused of raping the 27-year-old are in police custody and will soon appear in court to face rape charges.
Gareth Newham from the Institute for Security Studies said if faced with an attacker‚ people may defend themselves in proportion to the attack – but excessive force may end in trouble with the law. He did not directly refer to the case but explained the law in general terms.
“The checks and balances for self-defence are quite rigorous.
“You will have to demonstrate that you reasonably believed that your life was threatened‚ that you were going to die if you didn’t defend yourself. You have to really believe that your life was in danger.”
“The DPP will only go forward with a case if they are over 90% sure of getting a conviction.”
— thembiles@dispatch.co.za with additional reporting by Petru Saal
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