Magistrate Maxhobandile Sontshi released the 44-year-old man on bail of R10 000 and his 26-year-old son on R5 000 with strict bail conditions. 

He said he was satisfied by the evidence led by the defence lawyer for the accused that there were exceptional circumstances for them to be granted bail. The state had failed to prove in terms of the Criminal Procedure Act that the suspects – the father and his son – pose a threat to the proper functioning of the justice system, pose a threat to witnesses, or could undermine the investigations into the matter.

The suspects have both denied raping the minor and told the court that they intend not to plead guilty. They face a schedule 6 offence and the onus was upon them to prove that they deserve to be released on bail. Recently the court heard that the state has J88 medical evidence that shows injuries to the minor. The suspects were arrested on 8 August after the allegations of rape surfaced.

It's alleged that the minor was raped while she and her parents were visiting the suspects on 4 August 2023 in Bloemfontein. The father is said to have instructed the minor to go to the room of the 26-year-old suspect who then raped her while the father later joined and raped the minor. The victim is said to have confided to a friend and within a few days, a case of rape was opened against the suspects.

The businessman owns three big businesses and employs about 50 people, including his son, who is a technician in one of the companies. Sontshi said under the bail processes, it is not for the Magistrate's Court to deal with evidence of the minor, nor the business of the court to have a comment. The evidence about the minor is a subject of the trial.

He cited numerous case laws that deal with evidence and the presumption of innocence until proven guilty. The case was postponed to 27 September 2023. Sontshi based his judgment on the criminal law act under section 60, subsection 4(a) to (e).

The Act prescribes five grounds in section 60(4) where "(t)he interests of justice do not permit the release from detention of an accused where one or more of the following grounds are established".

Section 60(4)(a) – (e) explains if concerns of the likelihood that the accused if released, (i) will endanger the safety of the public or a particular person, (ii) will attempt to evade his trial, (iii) will attempt to influence or intimidate witnesses or to conceal or destroy evidence, (iv) will undermine the proper functioning of the justice system then the applicant is not suitable to be granted bail.

None of the grounds under the section were established by the state. He said there were at least exceptional circumstances to admit them on bail. Accused 2, who is the father, has already given his passport to the police.  He previously told the court that he employs about 50 people and his continued incarceration would mean a further great loss for his companies. Accused 2 said this would then force him to close down the companies and retrench the workers.

The lawyer for the accused said the media and interest of other formations cannot be used as exceptional circumstances to deny the accused bail. EFF members in Mangaung have been attending the court case since its start on Friday,11 August 2023.

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