Court dismisses fireman's leave to appeal the judgment handed down
A SOL Plaatje Municipality firefighter, who was found guilty of statutory rape in 2012, will not be allowed to appeal an eviction order to vacate his flat at the fire station premises in Lyndhurst Road.
It was reported in May that the firefighter, Charles Ramosie, had been given 30 days in which to vacate the municipal flat adjacent to the fire station, due to concerns raised over his sexual offence conviction, involving a minor.
Ramosie applied for leave to appeal the judgment, which was handed down by Northern Cape High Court judge, Judge Lawrence Lever.
Earlier this week, Lever dismissed the application for leave to appeal with costs and gave Ramosie 30 days to vacate the flat.
The Sol Plaatje Municipality originally applied for an eviction order against Ramosie, who was convicted of statutory rape and sentenced to three years imprisonment in 2012, which was wholly suspended for five years.
The court ordered that his name be entered on the sex offender register.
A dispute arose as to whether the flat that he is occupying adjacent to the fire station was properly allocated to him. Ramosie had applied for the flat in 2013.
In his original judgment, Lever pointed out that by law Ramosie could not be allowed access to children in the work environment and extended work environment, where other firefighters with children resided on the same premises.
He stated that Ramosie was required to work shifts and would have to be accommodated at the fire station when he was on duty either in the single quarters or the adjacent flats at the fire station.
However, residents raised concerns over Ramosie being accommodated at the fire station flats, following which Ramosie wrote to the flat committee in 2014 claiming that he had been victimised as a result of his conviction. A legal opinion was obtained to identify any potential liability on the side of the municipality.
In his judgement, Judge Lever highlighted how Ramosie had portrayed himself as “a victim who showed no appreciation and comprehension for the consequences of what he had done and the consequences that flowed from his conviction”.
“He could not see further than his belief that he was being victimised. He showed no understanding towards the concern of parents at the fire station flats. He also showed no understanding as to the wrongfulness of the relationship he had entered into that led to his conviction and why children needed to be protected from the abuse of the power relationship that such interaction represents.”
He further ordered that Ramosie be transferred to either the Ritchie or Galeshewe fire stations when he was working shifts as there were no families residing there and he would not have access to any children in his working environment.