Cape Town – Outstanding witness testimony has
delayed a court case about a social justice
activist complaining of rape.
The twenty-year-old Social Justice Coalition (SJC) activist said the suspect, whom she knows, raped her on Saturday evening after a gathering with friends.
He had never made her feel uncomfortable in the past and she was
confused by his actions, she said.
She and a group of SJC supporters gathered at the Khayelitsha Magistrate’s Court yesterday where they expected the man to make his first appearance.
When they arrived, however, they were surprised to find him wandering around the court premises.
They were then told by him that he would not be appearing.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “The matter was not enrolled at all. There is still an outstanding statement of a witness that the investigating officer needs to obtain.
"This was explained to the family by the prosecutor. Once it is obtained, it will be enrolled. The charges against the accused have not been withdrawn.”
Police spokesperson Noloyiso Rwexana said they were investigating a case of rape.
The activist said she had left a SJC celebration on Saturday when she passed the accused’s house and saw two of her friends.
“They were chilling and drinking, so I joined them. After a while, they left and said they would return, so I also left and went to my neighbour’s house.
“Later on I decided to go back to check whether my friends had returned. They were not there, so I waited for them with him (the accused) and another girl.
"As time went on, I felt sleepy and rested on the bed,” she said.
‘‘The other woman then went to the toilet and the accused locked himself in the room with her, she said.
“I suspect he thought I had blacked out. I was awoken by the pain of something hard trying to penetrate my private part. I opened my eyes and he was on top of me.
“He had taken off my T-shirt, panty and my jeans. I was left with my sports bra,” she said.
She said she fought back but the man overpowered her. It was the most scared she had ever been in her life, she said.
“I cried out for help, and the girl who went to the toilet and my other neighbour tried to open the door.”
She said they managed to get the door ajar, and the two women saw the accused on top of her.
SJC provincial organiser Zukiswa Qezo said she couldn’t understand why the suspect was not in custody, as an examination at the Thuthuzela Care Centre in Khayelitsha confirmed that the activist had been raped.
“We would’ve understood if the suspect remained in jail while the investigation was ongoing.
‘‘We bumped into the man and when we asked him what he was waiting for, he said he was informed to come
to court because he had raped
someone.
"The victim had suffered a secondary violation by seeing the man walking freely at the court,” Qezo said.