Key Takeaways:
- The KwaNojoli Magistrate’s Court in Port Shepstone, KwaZulu-Natal, has postponed judgment in a rape case due to the accused’s alleged hypertension attack and collapse.
- The accused, Isaac Memese, has been accused of causing unreasonable delays in the case, which has a protracted history spanning several years.
- The private prosecution unit, AfriForum, has expressed frustration with the ongoing delays, which have severely prejudiced the victim, Celeste Gouws.
- The case has been postponed six times since judgment was initially scheduled to be handed down a year ago.
- The court has issued a warrant for Memese’s arrest, but stayed it until the next court appearance.
Introduction to the Case
The KwaNojoli Magistrate’s Court in Port Shepstone, KwaZulu-Natal, has once again postponed judgment in a rape case involving Isaac Memese, the accused. The postponement came after Memese’s lawyer, Buhle Jikwana, informed the court that his client had suffered a hypertension attack and collapsed. This latest development is just another twist in a case that has been marred by delays and controversies. The private prosecution unit, AfriForum, has been pushing for justice for the victim, Celeste Gouws, who was allegedly raped by Memese on 2 September 2017.
The Accused’s History of Delays
The case against Memese has a long and protracted history, with the National Prosecuting Authority (NPA) issuing a nolle prosequi certificate on 30 July 2020. The trial began on 13 July 2021, with Memese pleading not guilty. The private prosecutor closed its case on 23 February 2022, and the defence closed its case on 20 April 2023. Despite the parties presenting closing arguments on 12 July 2024, judgment was supposed to be handed down on 26 November 2024, but has been postponed six times since then. The accused’s lawyer has been accused of causing unreasonable delays, with Advocate Gerrie Nel, head of the AfriForum private prosecution unit, successfully bringing an application to have the court declare that Memese had caused unreasonable delays.
The Court’s Frustration
The court’s frustration with the ongoing delays was evident when Advocate Nel stated, "We deal daily with the collapse of the criminal justice system. This is how the defence team treats this court. It’s prejudicial to us, it’s prejudicial to the private prosecutor, but it’s also prejudicial to the court, and it’s prejudicial to the administration of justice." The court ultimately ruled that Memese had caused unreasonable delays and that judgment would be delivered. However, the accused’s lawyer, Jikwana, unilaterally terminated his brief, and later requested to consult with Memese before asking for the matter to be dismissed. When the magistrate rejected this, Jikwana informed the court that his client had suffered a hypertension attack and collapsed.
The Victim’s Plight
The ongoing delays have severely prejudiced the victim, Celeste Gouws, who has been waiting for justice for several years. During her testimony, Gouws told the court that it would be better to die than to be raped. The AfriForum private prosecution unit has been working tirelessly to ensure that Gouws receives the justice she deserves. Barry Bateman, spokesperson for the unit, expressed the unit’s frustration with the delays, stating, "She is a victim of gender-based violence who was failed by the state when it declined to prosecute Memese. She approached AfriForum’s Private Prosecution Unit to get justice and the unit will not allow an abuse of process to deny her that for any longer."
The Latest Developments
The court has issued a warrant for Memese’s arrest, but stayed it until the next court appearance. The case has now been postponed to 3 March 2026 for judgment. The AfriForum private prosecution unit remains committed to ensuring that justice is served, despite the ongoing delays and challenges. As the case continues to unfold, it is clear that the victim, Celeste Gouws, will not be denied justice without a fight. The unit’s determination to see the case through to its conclusion is a testament to their commitment to upholding the rights of victims of gender-based violence.
