ACTING JUDGE ,TEMBEKA NGCUKAITOBI SPARKS CONTROVERSY ON EASTERN CAPE SEXUAL ASSAULT CASE

Acting Judge Tembeka Ngcukaitobi’s judgment on a rape case this week has angered human rights groups, justice advocates and the public at large. 

Acting Judge Tembeka Ngcukaitobi’s judgment on a rape case this week has angered human rights groups, justice advocates and the public at large.  

The controversial court judgment on the issue of sexual consent could undermine South Africa’s quest to assert the human rights of women, according to a legal expert.

This comes after acting Eastern Cape High Court Judge Tembeka Ngcukaitobi overturned the conviction of a former paramedic who was found guilty of raping his girlfriend because, by agreeing to oral sex, Ngcukaitobi ruled, she had tacitly agreed to penetrative sex. She was a virgin.

Ngcukaitobi set aside Loyiso Coko’s seven-year sentence, saying that the findings of the Makhanda Regional Court were “erroneous”. That court had found Coko guilty of raping his girlfriend, a Rhodes University master’s student, on July 1 2018.



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