KNYSNA NEWS - Women's rights groups in Knysna are up in arms about a comment of a sexual nature made to a teenager by a DA member.

A meeting by a number of women's rights organisations, independent activists and community members is being planned for next week to denounce the issuing of a R100 fine to a DA member for subjecting a 17-year-old girl to a sexual remark.

Bjorn Oria, a member of the executive committee of the Knysna DA, paid an admission-of-guilt fine of R100 for crimen injuria after making a remark to the schoolgirl at a DA voter registration event earlier this year.

The #NotOurLeaders campaign – launched by the Women and Democracy Initiative and Lawyers for Human Rights – has also added the incident to its list of cases it vows to address as part of its online campaign against gender-based violations.

The victim's mother – who cannot be named to protect the identity of the girl – says she is ''absolutely livid'' with the justice system for allowing Oria to "get off so easily with a measly fine". She only recently heard of the admission-of-guilt fine being paid, she says, and claims that neither the court nor the police informed them that the accused would be only issued a fine and that the case would not be heard in court.

'Shocked and speechless'
According to a statement from the victim, who is a resident of Hornlee and learner at Knysna Secondary School, she was volunteering at a DA registration event at the Hornlee Civic Centre on 10 March when the incident occurred. 

She states that in a loud voice, in front of many people, Oria exclaimed, "Wanneer kan jy my n**i." She was shocked and speechless, she says. "Everyone heard and gave me a strange look. I went to my mother to tell her about the ordeal," she states, adding that she feels uncomfortable in Oria's presence and doesn't trust him. "I didn't lead him on or give him any reason to say those things to me. It's also painful that he is a married man," the victim says in her statement.

The mother of the victim told Knysna-Plett Herald that her daughter is traumatised and not coping very well. "Him only getting a small fine with no criminal record is not enough for us. My daughter is not eating and stays in her room the whole day. We can't just accept this!"

Knysna police confirmed the incident. "A case of crimen injuria was opened following an incident on 10 March 2018 at Sunridge Street, Hornlee. The victim felt uncomfortable after certain remarks to her," said Sergeant Chris Spies, adding that a 34-year-old accused paid an admission-of-guilt fine.

'Nothing to say about it'
When contacted, Oria declined to comment on the matter. "I have nothing to say about it," he said.

Knysna chief magistrate Isak van der Merwe explained to KPH that in a case such as this the police use their discretion to determine the seriousness of cases opened, and advise prosecutors accordingly on whether the case can be dealt with by an admission-of-guilt fine or whether it should go to court.

"There are fixed amounts, determined by myself, that are payable as a minimum amount for an offence," he said, stating that the minimum fee for crimen injuria is set at R150, and not R100. "Only the prosecutor can lessen the amount after receiving arguments from both sides," Van der Merwe explained.

KPH requested the charge sheet from the court, which reveals that Oria's fine was indeed reduced from R150 to R100.

Control prosecutor Johan Engelbrecht was asked to elaborate on why the amount was reduced and if the accused in this case was given the minimum penalty, and if so, what would then constitute the maximum penalty. He referred all questions to the office of the National Prosecuting Authority in Cape Town, who released a statement confirming that Oria had paid the reduced amount on the date of his first appearance at court on

August. NPA spokesperson Eric Ntabazalila said "the accused told the prosecutor that he didn't have the money set by the court and pleaded that it be reduced".

'Police not trained well enough'
Former high court judge and advocate Anna-Marie de Vos, who has been actively involved in the advancement of women's rights and the empowerment of women in the Garden Route for many years, said it is "ridiculous" and an "absolute disgrace" that such incidents are not being taken seriously by the police.

"This is a clear indication that our police are not trained well enough in using their discretion in such cases. I would advise the family to open a case of sexual assault and also approach the equality court, where the victim can seek assistance from lawyers for human rights."

Activists in Knysna say they will be approaching The Total Shutdown movement among others to organise a march in solidarity with the victim, and to protest the R100 fine issued to Oria.

Managing attorney at the Gender Equality Programme for Lawyers for Human Rights, Sanja Bornman, stated that cases like Oria's "is precisely why Lawyers for Human Rights, the Dullah Omar Institute, and expert Lisa Vetten decided to start the #NotOurLeaders campaign".

"Political parties are quick to denounce sexual violence in society, but the failure to get rid of sex pests in their own midst speaks volumes about the real commitment to gender equality. #NotOurLeaders turns the spotlight on political representatives accused of sexual violence, and the political systems that protect and enable their sexual misconduct and abuse. The campaign also highlights inaction and inconsistent action of political parties, to demonstrate the chasm between political-speak and political actions on sexual violence," Bornman said.

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