Cape Town – The family of the 70-year-old Philippi woman who was allegedly raped by a SANDF member will have to wait until next month to know if the accused’s bail bid has been successful.
This after Magistrate Goolam Bawa postponed the case in the Wynberg Magistrate’s Court yesterday to August 4 for bail judgment.
Khayalethu Mkhumathela, 50, is accused of raping the woman at Siyahlala informal settlement last month, after he allegedly sent her husband to a shop. Angry residents beat him up.
“There are several issues to be contemplated, so I will reserve my judgment and postpone the matter. He will remain in custody,” said Bawa.
State prosecutor Craig Esterhuyse said the community who were protesting outside court would be enraged if the man was released on bail.
“I fear that there would be public disorder if the accused is released. He might also be attacked again. The community has voiced out that they don’t want him back in their area. A petition from a local NGO, Sanco, of more than 150 people has been signed against the bail,” said Esterhuyse.
He said the State had a strong case against the man and it was not certain that he would not intimidate the woman.
Reading the medical report, Esterhuyse said mild bloody discharge was found by the doctor and although the victim smelled of alcohol, she wasn’t drunk. The investigating officer had seized a bloody sheet and the woman’s underwear was also removed as evidence.
When Bawa asked the State for the results of the clinical examination, Esterhuyse said they neither confirmed nor refuted penetration and no fresh or external injuries were found.
Mkhumathela’s representative, Botho Molefe argued that his client was the sole provider for his two children and would not evade trial, interfere with investigations or witnesses, or intimidate the woman.
“My client has no previous convictions and pending cases. He is a father of two children who are studying, one of them being in a higher education institution.
“If bail is denied, he will lose his job and won’t be able to support his children.
“Bail must be granted with strict conditions; he is even willing to change addresses. The community is treating him as if he has been found guilty,” said Molefe.
Mkhumathela has served in the SANDF for 24 years.
Cape Times