Durban - In an about-turn, a Chatsworth mother, accused of pimping her minor daughter, and a 54-year-old man, accused of raping the child, have been granted bail after an application challenging an earlier court denial.
The Chatsworth community and the child’s grandfather were outraged.
The grandfather asked why his 11-year-old granddaughter had not been told about the new-fact bail application brought forward in the Chatsworth Magistrate’s Court recently.
He feared for the girl’s safety and said she was still being counselled.
The pair, who cannot be named to protect the identity of the minor, face charges of child abuse, rape, sexual exploitation and human trafficking.
They were each released on R10 000 bail last week.
The recent application brought forward new facts that the pair agreed to re-locate and report daily to their nearest police station. The concern, the State said, was for the child’s wellbeing if the pair were to be released.
Two independent people testified, saying they would be responsible for the accused and ensure they reported to the police daily.
The grandfather and members of the community were shocked to learn the pair had been released and said they were unhappy with the reasons given.
The pair are expected to appear in court in February.
The mother has had to relocate to Heidelberg until the trial, while the man – a taxi driver and owner – has had to move to uMzinto.
Both have to report to their nearest police stations seven days a week.
It is alleged the mother sold her daughter to the Pinetown man for sex more than once between September and last month.
The investigating officer, Constable Anele Jingela, gave evidence at the first bail application, alleging the mother had undressed the child and locked her in a room with the man.
She further alleged that on the girl’s birthday in September, the mother had been in the man’s taxi with him when she called the girl to join them.
The girl was then apparently told to perform oral sex on the man. When she refused, the mother apparently hit her and then showed her how to do it.
It was alleged the pair then had sex in front of her.
Jingela said the girl had fled to her stepbrother’s house last month when she and her mother attended a family function nearby. A report was made the next day.
The court heard that both accused intended pleading not guilty.
The man said he was married with three children and believed these “contrived charges” were the result of a vendetta the girl’s stepbrother had against him.
The mother said she was married with one child and had lived with her daughter in Chatsworth. She, too, believed her daughter was being influenced by her stepson.
The charges the pair face include schedule 6 offences, placing the onus on the defence to show there were exceptional circumstances warranting their being granted bail.
In denying bail initially, the magistrate said he did not believe there was a conspiracy involving the child and he was concerned releasing the accused would not be in the best interests of the child. He also said there was no mention of what was to become of the child if they were granted bail.
Daily News