Relief magistrate at the Krugersdorp Magistrate’s Court, Herman Badenhorst has been highly criticised for the controversial remarks he made while handing down a prison term on Monday.

In court, Badenhorst said to Neo Molaudzi, who was convicted of raping a 13-year-old boy.

In prison you can rape prisoners if you feel like it; at least you won’t be around little children.

According to the Magistrates’ Commission the actions of Badenhorst would be investigated. Danie Schoeman the commission’s secretary explained the issue had been directed to the ethics division of the commission. Schoeman said:

A copy of the judgment, including the court transcript, will be obtained.

Sasha Gear, the South African director of Just Detention International provided an opinion of the remarks:

For an [officer] of any court or legal system to say this is disturbing and contributes to the belief that it’s fine for prisoners to be raped. All role-players in our criminal justice system should condemn this.

The remarks passed by magistrate Badenhorst could be the result of an increase in prison rapes according to Golden Miles Bhudu, a prison rights activist. The activist is of the opinion that if MacIntosh Polela, former Hawks spokesperson, was fired for suggesting the rape of Jub Jub Maarohanye in prison, there should be a harsher penalty for Badenhorst. Bhudu said:

This magistrate needs to be called to order, to clarify what he meant. He must be made to understand that people [with his attitude] are not welcome on the bench.

A 2007 Judicial Inspectorate for Correctional Services research noted that of the 750 prisoners, nearly half of them had been victims of sexual abuse. Democratic Alliance spokesperson on prisons, James Selfe said:

Far from encouraging people to rape, they should be clamping down on it. I’ve asked the Magistrates’ Commission [to order] him to withdraw those remarks.

Prisons are supposed to rehabilitate offenders, not encourage them to commit crime.

[Source: TimesLIVE]