Magistrate In KZN Released Man Accused Of Sexual Assault Because He Didn’t Seem To Be Into Women. The ruling and the two others by the magistrate have been reversed by two judges in KwaZulu-Natal.
A magistrate from Umlazi in KwaZulu-Natal released a man who was said to have allegedly sexually assaulted a teenage girl. The magistrate, Kholeka Bodlani, allegedly saw the man holding a bag, doing the washing and having stylish hairstyles, which according to her supposedly meant that he was gay and had no interest in women. The ruling and the two others by the magistrate have been reversed by two judges in KwaZulu-Natal.
The decision to reverse occurred due to the pressure on Magistrate’s Commission to quickly do something. In November 2019 the ‘Sunday Times’ reported that there were an approximate of 18 cases in which the Magistrate chaired were sent to a special judicial review after there were complaints against her. By December, Judge Graham Lopes and Judge Dhaya Pillay looked at three cases, which involves a pre-trial hearing to look at a man’s ability to be in trial. Kholeka Bodlani discovered that the man that was accused of sexually assault a teenage girl, 15-year-old, was homosexual. Even though two psychiatrists and a psychologist discovered that he could get court procedures, the magistrate stated that the man was not normal.
“His behavioural conduct, someone who could carry a purse, waving his hands, the conduct which makes the court to doubt he is a normal person. For a man to carry a lady’s purse, it is just not normal for a man. The way he styles his hair, it is as if it is that of a female,” says the magistrate. Judge Dhaya Pillay states that the magistrate’s comments were irrelevant, thereby raising serious questions about her place in the judicial office with no further training. It was also stated that she questioned a girl who was sexually assaulted at the age of 7 by someone who she referred to as uncle, even though there was evidence to answer questions.
by Alexandra Ramaite