Dimpho Motlodi was shot five times by her boyfriend Atlholanang William Mosiane. The murder took place as their son watched. Mosiane pleaded guilty to the murder.
He was sentenced to life in prison. However, Motlodi’s father got the shock of his life when he stumbled on his daughter’s killer walking freely in Mahikeng in the North West. It turns out that Mosiane appealed his conviction at the North West high court. The high court found that the magistrate's court was not constituted properly when it convicted Mosiane.
North West judge president Ronald Hendricks and Dr Neo Morei, an acting judge, then ruled that Mosiane be set free. This is yet another case where a victim of gender-based violence (GBV) has been failed by the justice system.
Mosiane, a former traffic officer, confessed to killing his girlfriend – so the merits of the case were not challenged on appeal. He was set free on a technicality because, according to the judges, the magistrate presiding over the case did not follow the law. What is more outrageous is that Motlodi’s family was not informed of the appeal, and neither were they told about the outcome.
The manner at which this case was handled reveals the extent of the failures of the criminal justice system. The leadership of the National Prosecuting Authority says it has scheduled a meeting with Motlodi’s family to apologise and explain what led to the release of their daughter’s killer. But that will do little to console the traumatised family.
Motlodi joins the long list of stats of women who have been let down by the system.
Hopefully, the judicial commission of inquiry headed by retired justice Mbuyiseli Madlanga, that has been set up to investigate the rot in the police and the judiciary, will not only focus on corruption allegations, but also attend to why victims of crime are not getting the justice they deserve.
Hopefully, the Madlanga commission can make recommendations on how the system could be fixed – but not only cleaning out the rotten potatoes but also appointing competent magistrates and judges who will apply the law to the letter.
The cleanup of the criminal justice system is long overdue. The corruption and the bungling of cases send out a bad message to society – hence some victims of GBV are reluctant to even report such crimes. It is important to shine the spotlight on this case in the hope that the family find justice.
SowetanLIVE
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