KEY POINTS
- The court denied LZ’s malicious prosecution case because she achieved an acquittal.
- The court identified LZ as an accomplice in rape offenses although she received an acquittal in court.
- Research indicated that LZ enabled sexual abuse through acts of transporting victims to the offender.
After six rape acquittals a woman lost a malicious prosecution damages case at the Mpumalanga High Court because her acquittal did not prove she was innocent.
The court ruled that the woman named LZ obtained an acquittal in court though solid evidence demonstrated her participation in criminal activities as an accomplice.
During trial LZ showed that women could not commit rape but court evidence proved her participation in enabling sexual assault.
The abused children between the ages of six and fourteen reportedly suffered sexual attacks at the residential compound of traditional healer Malinga who joined LZ as a defendant.
Malinga received multiple convicted rape charges resulting in his conviction of 11 counts but LZ managed to escape a conviction.
The allegations and evidence
Several children who managed to escape Malinga’s property confirmed they had experienced rapes there. A court investigation revealed that LZ transported destitute children lacking parents to go live at Malinga’s place.
The National Prosecuting Authority demonstrated sufficient evidence to support conspiracy charges against LZ although she could not be convicted of rape because she is female. During the trial the prosecutor used statements from victims which established LZ received reports about the rapes but allowed them to proceed undeterred.
Judge’s ruling on accomplice to rape and acquitted woman
Judge Mpopelele Langa observed that LZ the acquitted woman only delivered female children to Malinga’s residence yet this behavior indicated potential malicious intentions. According to the judicial decision LZ did not technically commit the act of rape but the legal system deemed her responsible for secondary offenses as an accessory.
Even though LZ received an acquittal from the court it did not show that the prosecution lacked sufficient evidence to pursue the case.
According to Judge Lang acquitted woman failed to prove malicious prosecution because sufficient evidence supported charging her with the crime.
