Publication: Cape Times Issued: Date: 2003-11-17 Reporter: The Editor

Cause to Celebrate

 

Publication 

Cape Times, Opinion

Date 2003-11-17

Reporter

The Editor

Web Link

www.capetimes.co.za

 

Knysna photographer Alix Carmichele won a significant legal victory in the Appeal Court in Bloemfontein on Friday.

The court's judgment essentially amounted to the state being held accountable for its actions.

Carmichele's precedent-setting case goes back to 1995, after she was viciously assaulted by Francois Coetzee, who was then out on bail pending his trial for the attempted murder and indecent assault of another woman.

Carmichele claimed compensation from the state the grounds that it was negligent in not ensuring that Coetzee was prevented from harming her by not opposing bail during his previous trial.

After a protracted legal battle, the Cape High Court eventually ruled in her favour in May 2002. Still, her relentless pursuit of justice was far from over; the state appealed against the ruling.

Last Friday her quest was finally over (unless the state now turns to the Constitutional Court). "It's been a long, hard struggle," she told the Cape Times yesterday. "But it was worth it.

"They (the state) can now be held criminally responsible for not taking action to protect citizens."

Carmichele's court case is an amazing story of tenacity and courage. Despite several legal obstacles over the last eight years, she steadfastly refused to abandon her cause.

In other words, she refused to become yet another helpless and invisible victim of crime. Nor did she allow the overwhelming might of the state to intimidate and disempower her.

There is a very powerful lesson here: sometimes it does help to stand up and make your voice heard.

Carmichele needs to be saluted for her resilience and bravery. She persevered when many others would have given up.

"The case got a momentum of its own that was bigger than just me," she says. "It was about making law." This desire kept her going.

That she achieved her goal on Friday is cause for celebration. Not only for her, but for the whole country.

It will no doubt help to make South Africa a more safe and just place.

With acknowledgement to the Cape Times.