Courage and conviction: A prosecutor's fight for justice in a historical sexual assault case

State prosecutor Carryn Uys achieved a significant victory in the pursuit of justice by securing a landmark conviction for crimes committed three decades ago, including the rape and indecent assault of a minor. 

This case, which had long been considered insurmountable, now serves as a powerful symbol of hope for survivors of historical sexual assault, sending a resounding message that silence can be broken and justice can prevail.

The landmark conviction came when Clinton McMaster, formerly Clinton Nair, was found guilty of two counts of indecent assault and one count of rape, committed between 1990 and 1991. 

He was convicted in the Cape Town Dedicated Sexual Offences Regional Court in October last year, where Uys’s dedication and expertise played a crucial role despite the challenges posed by the case's complexity and the passage of time.

He was sentenced to an effective seven years behind bars.

The victim, Zara Katovsky, attributed the victory to divine intervention.

She was raped and groomed by McMaster, who had worked for her father as the family’s bookkeeper. 

According to Uys, they were a determined and hopeful team, aiming for successful prosecution even though the docket started with no details of the whereabouts of McMaster.

He had also gone by another name, which posed its challenges in locating him.

“As a prosecutorial team, we would have to ensure that we could prove beyond a reasonable doubt that the accused committed these crimes even with the lengthy passage of time. This was a historical matter which often comes with many years of trauma and pain borne by the victim; however, we were ready to journey with her through the criminal justice system,” said Uys. 

Lauded for her success, the NPA celebrated Uys’s conviction.

“This conviction is a testament to Uys's commitment to upholding justice and protecting vulnerable members of society… We commend Carryn Uys for her outstanding work in securing this historic conviction and for being a champion of justice in our community.”

Uys said: “I feel that this conviction rebuilt the trust and empowered the vulnerable 11-year-old girl to reclaim her power as an adult woman. It was a reward shared by me and our sexual offences support team of fellow prosecutors, the SAPS  Family Violence, Child Protection and Sexual Offences (FCS) unit, the court preparation officer, RapeCrisis, and colleagues. This conviction gives confidence and hope to those victims of crime who have kept silent for years, that they may have an opportunity to be heard."

Recounting her reaction when conviction was announced, Katovsky said: “By the time the conviction came, I had already reached forgiveness and surrendered the outcome to God. But when the verdict was delivered, I felt a deep, indescribable peace - the kind that comes from being in full truth, alignment, and obedience to God.

“It was a sacred moment of victory, not just for me, but for every survivor I represented. I felt joy, pride, healing, and a sense of divine triumph, like I had completed my assignment as a soldier in God’s army, fighting a spiritual warfare greater than myself."

Cape Argus