The Muslim community was left furious after a man accused of assaulting a woman in pardah was granted bail of R2000.
Jaco Stander is accused of physically and verbally attacking Asheeqah Benjamin while she was walking in the street in Paarl on 7 September.
There was a heavy police presence at the Paarl Magistrates’ Court as local residents, members of the Muslim community from Cape Town and religious leaders protested against bail.
Protesters had placards saying: “We say no to religious intolerance and gender-based violence” and “No bail”.
Stander was granted bail, but placed under house arrest and cannot leave Paarl unless he needs medical care.
He is not allowed any contact with the complainant.
He faces charges of assault and crimen injuria and the state opposed bail.
The woman says Stander pulled off her face veil and hurled insults at her.
She said Stander yelled “you Muslim rubbish, it is hot” and tried to grab her pardah.
As she struggled, he allegedly took a water bottle and tried to throw it at her.
Asheeqah said she went home to tell her father and when confronted, Stander allegedly threw a rock at him.
The young woman said yesterday she’s been left traumatised: “I am getting counselling and my dad does not allow me to go out anymore.”
The court heard that Stander has Tourette Syndrome and mental health problems.
In an affidavit, his mother states that he has a history of neurological illnesses, dyslexia and his emotional intelligence is equivalent to that of an 11-year-old child.
Sheikh Riad Fataar, the Second Deputy President of the Muslim Judicial Council, said they are not happy with the bail ruling.
“We are not happy that he is granted bail even under house arrest.
“They live on the same street and the traumatised woman has to pass by his house.”
He says the court missed an opportunity to send a message to perpetrators of GBV.
“We shout gender-based violence, but nothing is done by the courts. This is a case of racism, Islamaphobia and gender-based violence,” says Fataar.
“When a person from the Muslim community is attacked, there is always mental illness involved.”
The case was postponed to 20 November.