Advocate Gerrie Nel: Rape Suspect's Guilt "Evidently Certain" in Landmark Case

In a closely observed proceeding at the Somerset East Magistrates Court, Advocate Gerrie Nel powerfully concluded his final argument against Isaac Andile Memese, accused of rape, stressing that the guilt was "conclusively proven without any doubt." The Private Prosecution Unit of AfriForum represented the victim, Celeste Gouws, in lieu of action from the National Prosecuting Authority (NPA), affirming the clear-cut requirements of consent to sexual intercourse in their case.

In this momentous judgment, Advocate Nel drew upon the precedent-setting Supreme Court of Appeal’s judgment in the Coko matter, emphasizing the viciousness of rape as a crime with impacts that resonate with survivors far beyond the act.

Alleging an incident dated 2 September 2017, the prosecution, backed by surveillance footage, asserted that Memese raped Gouws at her establishment after spiking her drink—ultimately rendering her unable to give consent. Despite the presence of a friend at Gouws' request due to Memese's unsettling behavior, evidence suggests Gouws later falling victim to Memese’s alleged criminal conduct.

The crux of the argument focused on deliberate intoxication and the consequent inability to consent. Drawing on the definition by the Supreme Court of Appeal that consent must be "voluntary and uncoerced," Nel contended that the accused had evidently perceived the victim's lack of capacity to consent due to severe intoxication. He further criticized Memese's failure to provide testimony, negating his initial claim of consensual activity.

The defense, while attempting to impeach the integrity of the footage, overlooked vital questions of consent according to Nel. Advocate Nel hailed the efforts of witnesses such as Gavin Donnally, Marita de Lange, and Dafrey Trotskie, citing their courage to support the victim and aid in the legal proceedings.

In contrast, the validity of the prosecution’s evidence was supported by the NPA’s lackadaisical rationale that Memese had merely "saw an opportunity and used it," as per Barry Bateman, an official unit spokesperson.

With the culmination of arguments from both sides, the judgment of this case has been deferred until the 26th of November, as the community awaits justice for Celeste Gouws.