Editorial: Kudos to court for rape judgment

The case was simply titled Tshabalala v The State; Ntuli v The State. The purpose of the court was to decide whether someone could be convicted of rape even if they did not physically participate in the crime.

And this week the Constitutional Court held that the doctrine of common purpose applied to the common law crime of rape. The court made this finding as it dismissed an appeal by two men who were convicted of rape 20 years ago, under the doctrine of common purpose. In other words, the men who “held skivvy” for their mates while they went on a “well-orchestrated and meticulously calculated” rampage, invading and robbing nine homes and raping eight women, were guilty of rape too.

“This scourge has reached alarming proportions in our country. Joint efforts by the courts, society and law enforcement agencies are required to curb this pandemic,” read the judgment.

“This court would be failing in its duty if it does not send out a clear and unequivocal pronouncement that the South African judiciary is committed to developing and implementing sound and robust legal principles that advance the fight against gender-based violence in order to safeguard the constitutional values of equality, human dignity and safety and security.”

This shows the country’s apex court is leading the charge against gender-based violence.

And it’s sending a clear message to perpetrators that they will be held accountable for their actions – and their non-actions.

So how will this latest ruling help? Well, for one, the excuse that you didn’t physically rape someone isn’t going to hold up in court. Standing back and watching doesn’t just make you an accomplice, it makes you guilty.

It’s not enough to hang back and do nothing. We all need to work together to fight this scourge.

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