A 44-year-old businessman and tenderpreneur and his 26-year-old son are facing rape charges after a minor opened a case against them. On Wednesday 16 August 2023, the two suspects were released on bail of R10 000 and R5000 respectively after spending almost eight days in jail.

On Wednesday, whilst delivering his much-anticipated judgment, Magistrate Maxhobandile Sontshi said the state had conceded that the DNA results would only be obtained after months, again depending on the backlog.  

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 allegedly raped her while the father later joined and allegedly also 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 state has since obtained a medical document of the form called J88, describing her injuries following the alleged rape ordeal. 

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 on 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.

The case against the two suspects has been postponed to 27 September 2023.

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).

OFM News