Bonus weekly column for Legalbrief readers

How our courts deal with the rights of those accused of rape can be a surprisingly complex technical issue. It is a matter tackled by Carmel Rickard in the latest issue of her column, A Matter of Justice, which will, starting today, be delivered to subscribers every Tuesday. It is also available on the Legalbrief website. Rickard, author and journalist, is one of SA’s leading commentators on law matters, and her writings will tackle important issues for Africa law watchers. In her latest column she tracks the case of a man whose life sentence for raping a girl (10) wound its way backwards and forwards through the courts before being settled in the Supreme Court of Appeal 18 years after the rape took place. At issue was the question of whether a court can impose a statutorily prescribed minimum sentence if the accused has not been told during the trial that the charges could attract such a sentence. Are the fair trial rights of an accused infringed if there is no warning about the possibility of a prescribed sentence? The court was split, but the majority decided the life sentence should stand. However, that might not be the end of the matter. There is still the Constitutional Court option for the rapist, who was hoping to have his life sentence reduced to just 10 years.