Cape Town - The South African Constitution says everyone is equal before the law, but are we?
Finance Minister Enoch Godongwana is facing sexual assault allegations and is yet to appear before any court of law.
A masseuse has accused Godongwana of fondling her while she was giving him a massage earlier this month.
Legally when an ordinary citizen is accused of a crime, they would have been formally charged by the police and made a court appearance.
Speaking about the process of arresting and charging a suspect, NPA spokesperson in the Western Cape Eric Ntabazalisa said the police are responsible for charging an arrested person.
“The NPA must satisfy itself that there is a prima facie case before the matter is enrolled. The NPA then determines what charges are preferred against the accused.
“Opening a case is not enough for a person to be charged. The police may arrest someone on suspicion and thereafter they can release the person without charging the person or referring them to court.”
The police and the NPA are still mum on the next step to be taken on the case.
Godongwana has denied the allegations and said his wife was present during the massage.
EFF Commander In Chief Julius Malema has called for the minister to resign as he is not fit for the position.
“If Godongwana had any respect for the office he holds and the women of this country he would have long resigned, but he has not done so because he draws his inspiration from his criminal president who is unrepentant.”
President Cyril Ramaphosa has been silent on the matter and political analyst Dr Trust Matsilele said the president’s silence in the matter makes a mockery of earlier assertions made by him a few years ago.
This was when he asked Parliament to reconvene outside its calendar to address issues of gender-based violence, with sexual assault falling under the same category.
“This is the proverbial animal farm allegory, that not all animals are the same- some are more equal than others. This of course should be understood within the context of the alleged perpetrator who holds perhaps the second most powerful position in the executive arm of the state,” Matsilele said.
“Therefore, expecting a similar process that would be followed by ordinary folks would be a stretch. I think there is a delicate balance here; on one end there is a need to show citizens that all are equal before the law, and on another, it would be difficult to run a government if every allegation was immediately followed by an arrest.
“I think in this instance the default position is for the investigating authority to exhaust their investigations before an actual arrest is made,” he added.
Citizens would be forgiven to see this recent act as double speaking as it would certainly send the correct signal if the finance minister asked to step aside to allow this process to unfold or in the interest of showing the nation that he walks the talk.
“The president would ask the finance minister to take time off so the matter can be ventilated,” Matsilele said.