Durban — On Tuesday the Pinetown Magistrate’s Court is expected to hear the bail application of a 21-year-old man charged with the alleged rape and kidnapping of a 12-year-old girl.
Last week the man who had previously abandoned bail via his Legal Aid attorney, M Buthelezi, in court indicated that he had chosen to re-exercise his right to apply for bail.
During this court appearance, the matter was initially going to be adjourned to January but this was before the man raised his hand and instructed his Legal Aid attorney that he now wanted to proceed with bail.
DNA results as well as a ballistics report were still outstanding in the investigations.
The man also faces a charge of pointing a firearm as well as being in possession of a 9mm pistol without holding a licence, permit, or authorisation in terms of the Firearms Control Act.
It is alleged that he pointed the same firearm at the 12-year-old on October 20 in Molweni. He allegedly forcefully took the child from the road to his room where she was locked up.
The State alleges that on October 20 and 21 the man allegedly raped the child more than once.
Speaking before the bail application, Children’s Rights advocate Joan van Niekerk, called for the man not to be granted bail and for such cases to be speedily finalised in consideration of child rape survivors.
“Looking at this case it is clear that the accused should not be granted bail as it would seem that he is a danger to the community in general and particularly to children.
“It is extremely sad when rape-accused believe that they have a right to bail; it indicates that they have no empathy or care for the children concerned.”
She said what was important in such cases was that they were finalised as rapidly as possible.
“Because when there are bail applications and the families and the children get to know of these bail applications, they live in a situation of fear and uncertainty. “That is extremely difficult for children,” she said.
Van Niekerk further described this as a situation of prolonged anxiety and trauma particularly for the child and their families.
“We hope that this case will be fast-tracked and unfortunately we know that the DNA results take some time to be submitted so during that period one might find that there are further applications for bail.”
She said sometimes the courts did not appreciate the need to finalise cases such as these as rapidly as possible to enable children to get on with their lives. “When cases are remanded for months and often even years, it is extremely difficult for those children.
“This is because there is always the anxiety about bail being granted.
“And there is always the anxiety that the perpetrator’s family might take some kind of actions against them; there’s always the anxiety that in actual fact the person might not be found guilty.”
Daily News