Browsing by Author "Lebitse, Palesa"

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    Decision Making and Case Attrition in Rape Cases: A Feminist Jurisprudence Perspective
    (University of the Witwatersrand, Johannesburg, 2025-06-12) Lebitse, Palesa; Madlingozi, Tshepo
    This study is an empirical study of prosecutorial attrition in rape cases. The study uses mixed methods (quantitative and qualitative) to examine data derived from Umlazi Police Station in KwaZulu Natal. This thesis is approached from a feminist jurisprudence perspective to analyse legal texts that critically identify gender inequalities. Feminist critical theorists predict that external factors in the legal system that go beyond the actual legal burden influence the outcome of cases. This study tests the hypothesis, among others, that many of the decisions to decline prosecution in cases of rape are based on extra-judicial factors such as the complainant-perpetrator relationship; the complainant’s character; and/or their credibility that contributes to or causes case attrition. In cases of rape, extra-legal variables are believed to have a significant influence on the decisions and actions of the key players within the criminal justice system. The results of this study make it possible to examine any correlation between procedural obstacles and outcomes in South Africa. With these findings, we can gain insight into the impact of rape law reform on the prosecution of cases in South Africa, taking into account the subcultural theory and downstream theory of rape.
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    Prosecutorial Attrition: Its Implications for South Africa’s Domestic and International Obligations to Uphold Women’s Human Rights
    (2021) Lebitse, Palesa; Meyersfeld, Bonita
    John Dugard states that a general rule of international law dictates that the conduct of a person with authority is an act of a state; however, the conduct of a private person is not considered to be an act of a state. An example is the state prosecutor. This research is concerned with the attrition of rape cases, with the purpose of determining whether rape prosecution failure is an international wrong of the state. To answer this, this study aims to broadly assess whether rape case attrition in South Africa is due to prosecutorial discretion being exercised in a deficient manner inconsistent with international human rights law, which leads to a violation of women's human rights and impunity for rape. This research will analyse evidence (i.e., the MRC report) that shows that prosecutors do not factually comply with international and constitutional standards. It is against the backdrop that this research argues that South Africa must ensure effective investigation and prosecution of rape cases to achieve compliance with international standards and the Constitution.