Durban - A 50-year-old man charged with the alleged rape of his mother-in-law was expected to appear again in the Pinetown Magistrate’s Court next month.
He is alleged by the state to have raped the 58-year-old woman last December in Westmead.
“The victim was threatened and scratched with a knife, and strangled by the accused,” alleges the state.
The man, who was arrested in February, made his first appearance in court two days after his arrest, where the state expressed that it was opposed to bail as the man resided in the same area as his victim.
His wife died a few years ago.
On Monday, when the accused appeared in court, the state said that DNA was still outstanding in the matter and asked for an adjournment for further investigation as well as for a regional court decision.
Previously, in his bid for the court to release him on bail pending the finalisation of the matter, the accused made his application by way of an affidavit, where he told the court that he had two children, aged 14 and 22.
He also provided the court with an alternative address in uMzumbe, which was a family home, should he be granted bail.
His proposed plea for the charge against him was that of not guilty.
He said that he was a truck loader employed by a company in Westmead and earned R3 000 a month, pleading with the court to grant him bail as he wanted to retain his employment to continue providing for his children.
“I also support my grandchild as my daughter is unemployed,” said the accused previously in court during his bail application.
In his bail affidavit statement, the investigating officer Sergeant Sbonelo Mzila painted a picture contrary to what Mnguni had told the court.
He said that the accused was married, had three children that lived with their mother and that he did not contribute to their financial needs.
Mzila said that the man was a flight risk, explaining that after learning there had been a criminal case opened against him, he fled to his home in uMzumbe.
“He did not stay long at home because he knew that he could be easily found. The applicant allegedly decided to move to another location in uMzumbe so that his whereabouts in uMzumbe could not be traced and known.”
He told the court that the accused was found with the help of an informer and was apprehended after he had moved around between three different homes in a bid to confuse police on his location.
“I would like to draw the court's attention to the prevalence of these kinds of matters, almost every day, not only in this court but in other courts around the country. The government has also opened special courts to try and deal with these matters where women and children mostly become victims of such abuse. The nation is bleeding. Mothers, aunts, sisters, young boys, and girls are crying for protection against such evil acts.”
Acting Magistrate D M Sishi denied the accused bail saying that provisions of Sections 60(4) (b) and (2) did not permit the release of the applicant on bail on the grounds that he was a flight risk.
“He fled to uMzumbe and was in hiding between 27 December 2021 to 2 February when he was arrested.”
Daily News