Kimberley - The man accused of raping a Lerato Park grandmother, abandoned his right to apply for bail in the Kimberley Magistrate’s Court on Monday, as he fears that his life may be in danger if he is released from custody.
The accused, Kagisho Tsamaisi, 51, was scheduled to submit a formal bail application on Monday on a charge of raping a 68-year-old woman in Lerato Park on June 19.
It is believed that the grandmother was raped in her bed while her two young grandchildren, aged eight months and two years, were asleep next to her.
She had to undergo surgery for a prolapsed womb following the incident.
An urgent interim protection order was also granted on Monday against the wife of the accused, to prevent her from harassing and threatening the grandmother.
Tsamaisi indicated that he did not wish to testify before court and that at this stage, due to his safety concerns, he would not be applying for bail.
Magistrate Lance Roach postponed the matter until August 7 for further investigation. The accused will remain in custody.
The daughter of the accused burst into tears when her father returned to the holding cells, while community members, who were attending court proceedings in support of the grandmother, were relieved that the accused had chosen not to apply for bail.
In court papers, the grandmother, who lives with her three grandchildren, indicated that she was going through an “emotional crisis” as a result of the rape.
She claimed that the wife of the accused, Griet Motsamai, was harassing both her and her family.
“Whenever people greet us she will always reprimand them, telling them not to talk to us because we are dogs and we are accusing her husband of rape."
“She calls me names and accuses me of calling her husband to come and rape me. When she swears at me she is laughing, and she will also make irritating jokes to provoke me."
“She keeps on reminding me of the rape by swearing at me in front of other people. I am afraid that this may lead to them hurting me."
“I stay next door to Motsamai. Whenever I sit with my daughter outside the house, she will always pass remarks. When she has visitors she says “daar sit daai hond wat my man laat vang het (there is the dog that is responsible for putting my husband in jail).”
The grandmother requested that her neighbour be prohibited from threatening, harassing or gossiping about her or her family.
“She should not talk or greet me and should not swear, threaten or make remarks about me.”
According to the court order, Motsamai has been instructed to leave the complainant and her family in peace and not to enter her home.
Should the protection of harassment order be contravened, Motsamai may be issued with a warrant for her arrest and if found guilty will be liable to a fine or term of imprisonment not exceeding a period of five years.