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Court to rule on naming sex crimes accused

Cape Argus

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March 04, 2026

THE Western Cape High Court has questioned the purpose in naming a rape accused before he has pleaded "if the only purpose (in naming him) would be to shame him".

- CHEVON BOOYSEN

The matter - in which anti-gender based violence activist Caroline Peters, who is up against the Minister of Justice and Constitutional Development - is asking the court to declare unconstitutional a law that "criminalises women and survivors for naming men accused of rape before they plead in court".

The matter, which was heard yesterday and is set to continue today, is being heard before Judges Andre le Grange, Masoodah Pangarker, and Acting Judge Pinda Njokweni at the high court. Judge Le Grange said that perpetrators before court are considered innocent until proven guilty. This was echoed by Njokweni, who said there are sections of the Criminal Procedure Act (CPA) which protect the victim and sections which protect a perpetrator, with the court emphasising that each had the right to a fair trial.

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