Historic ruling: no gang-rape loophole for those in the loop
The Concourt finally clarifies on accomplices who don’t commit the physical act of penetration
In what has been described as a historic judgment for victims of sexual abuse, the Constitutional Court has ruled that the legal doctrine of common purpose must be applied to rape.
Earlier this year, the Centre For Applied Legal studies (CALS) joined in as interested parties in an application by three convicted gang members, Jabulane Tshabalala, Annanius Ntuli and Tebogo Phetoe, seeking to overturn their multiple rape convictions.
The trio was part of a gang whose members committed rape – but Tshabalala, Ntuli and Phetoe were bystanders and did not themselves rape anyone...