Each case is different‚ so it is difficult to say how long it takes to launch an appeal in South Africa’s courts‚ but for rape convict Lerato Khaole it has been four years and counting.
On Friday‚ he waddled into the Germiston Magistrate’s Court‚ his feet shackled with a large silver chain which was bolted with two large padlocks on each foot.
Dressed in a grey sweater and blue jeans‚ Khaole had hoped that Freedom Day of 2017 would have been the last night he spent behind bars because he had plans to apply for bail if he was granted leave to appeal his conviction.
After several months of his case being postponed numerous times because parts of the transcripts of his trial were missing‚ on Friday Magistrate Seodi Mosaka decided to go ahead with his application.
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But before this would happen‚ Mosaka questioned why she should entertain the application‚ which was being brought much later than the time an inmate is given to appeal following his conviction.
Khaole’s affidavit was read in which he said he filed for leave to appeal eight months after his conviction in December 2012 but he was called to court only in October 2016.
But Mosaka made Khaole retrace his steps and explain what measures he had taken to have his case heard. If he was successful in proving this‚ he would be given leave to appeal his conviction before the high court.
Khaole seemed withdrawn when he turned to his aunt‚ who has attended his all appearances‚ and asked her to bring the envelope full of all his letters he has written to law officials since his incarceration in 2012‚ among them the Chief Justice‚ the Public Protector and the National Prosecuting Authority.
In his time behind bars‚ Khaole has learnt that the wheels of justice turn slowly‚ especially for inmates.
His aunt Baile said she too was holding onto hope for Khaole. “In South Africa‚ it is so easy to get into jail but it’s hard to get out‚ especially for issues like rape.”
Khaole will be eligible for parole next year‚ but he is adamant he is innocent and wants to see his conviction overturned.
Wheels of justice don’t turn fast enough for those behind bars
Each case is different‚ so it is difficult to say how long it takes to launch an appeal in South Africa’s courts‚ but for rape convict Lerato Khaole it has been four years and counting.
On Friday‚ he waddled into the Germiston Magistrate’s Court‚ his feet shackled with a large silver chain which was bolted with two large padlocks on each foot.
Dressed in a grey sweater and blue jeans‚ Khaole had hoped that Freedom Day of 2017 would have been the last night he spent behind bars because he had plans to apply for bail if he was granted leave to appeal his conviction.
After several months of his case being postponed numerous times because parts of the transcripts of his trial were missing‚ on Friday Magistrate Seodi Mosaka decided to go ahead with his application.
But before this would happen‚ Mosaka questioned why she should entertain the application‚ which was being brought much later than the time an inmate is given to appeal following his conviction.
Khaole’s affidavit was read in which he said he filed for leave to appeal eight months after his conviction in December 2012 but he was called to court only in October 2016.
But Mosaka made Khaole retrace his steps and explain what measures he had taken to have his case heard. If he was successful in proving this‚ he would be given leave to appeal his conviction before the high court.
Khaole seemed withdrawn when he turned to his aunt‚ who has attended his all appearances‚ and asked her to bring the envelope full of all his letters he has written to law officials since his incarceration in 2012‚ among them the Chief Justice‚ the Public Protector and the National Prosecuting Authority.
In his time behind bars‚ Khaole has learnt that the wheels of justice turn slowly‚ especially for inmates.
His aunt Baile said she too was holding onto hope for Khaole. “In South Africa‚ it is so easy to get into jail but it’s hard to get out‚ especially for issues like rape.”
Khaole will be eligible for parole next year‚ but he is adamant he is innocent and wants to see his conviction overturned.
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