On November 24, 2019, Xolisani Nombombi and an accomplice premeditated and executed a heinous robbery and rape of Ms. LPS. Despite initial arrest in December 2019, Nombombi was released due to delayed DNA results. In January 2023, positive DNA results led to his re-arrest, yet he continues to obstruct justice by withholding information about his accomplice (Mdantsane Cas 274/11/2019)

By granting bail to Nombombi, the justice system has basically enabled him to evade accountability and cause further trauma on the community. In November 2023, he failed to appear in court and fled, prompting a warrant for his arrest. Astonishingly, upon his August 2024 re-arrest, he was granted bail.

At the Mdantsane Magistrate Court on October 25, 2024, Nombombi appeared, unremorseful and free, exemplifying the justice system's failure to prioritize victim safety . This decision disregards the severe impact of rape, a Schedule 6 crime, and contravenes Section 60(11)(a) of the Criminal Procedure Act.

Given Nombombi's history of flight risk and DNA evidence, his release is unjustifiable. We demand: 

1. Immediate detention of Xolisani Nombombi. The system has a responsibility to ensure justice to GBV and Sexual Assault Victims without fail.
2. Expedited court proceeds and sentencing of offenders to prevent further victim emotional and psychological trauma. 
3. Private and comfortable facilities for victims to testify in order to reduce stress and anxiety.
4. The inclusion of accomplice's sentencing, considering Nombombi's refusal to cooperate as he was not alone while commiting the crime.

The justice system must recognize the devastating consequences of rape and ensure perpetrators face consequences, rather than re-traumatizing survivors.

Given the seriousness of the alleged offense and the positive DNA match, Xolisani Nombombi's release on bail is particularly concerning. Section 60(11)(a) stipulates that in cases involving Schedule 6 offenses, such as rape, the court must ensure the accused's detention until legal proceedings are concluded, unless exceptional circumstances warrant release.

Nombombi's history of evading court and fleeing undermines any claim of exceptional circumstances, making his release on bail unjustifiable

Re-Victimization Consequences:

The lenient treatment of perpetrators re-traumatizes survivors, undermining trust in the justice system and perpetuating cycles of violence. The consideration of the prosecutor and implementation of the recommended changes will help communities regain trust in the justice system.