A 47-year-old man accused of sexually abusing his nine-year-old niece by marriage has been denied bail following his appearance in the Wynberg Magistrates’ Court on Wednesday 4 June. The man has been in police custody since his arrest on Tuesday 20 May.
The child had been living with her aunt and uncle in Imizamo Yethu, Hout Bay, for nearly a year while her mother was recovering from illness in the Eastern Cape.
According to evidence submitted in court, the child’s aunt contacted her mother after growing concerned about the girl’s wellbeing. The mother returned to Cape Town and took her daughter to Victoria Hospital, where medical professionals confirmed she had suffered injuries consistent with penetration. The child has since been referred to forensic social workers and is receiving trauma counselling.
In a statement taken by the investigating officer, the child described how her uncle allegedly involved her in disturbing activities disguised as “massage games” that led to penetration. “He let me watch massage videos and told me to do the same,” the child said. “When I told him it hurt, he said I must go bath and not go play outside.”
The girl has since returned to school and is receiving support. Her mother, distraught and emotional outside court, told Peoples Post: “This has shaken me deeply. I’m struggling emotionally and physically, to an extent I’m losing my hearing, I haven’t seen my sister since arriving in Cape Town. My child told me she discouraged her from speaking out.”
The courtroom was filled with residents, activists, and community members who staged a protest outside court, calling for justice and opposing the accused’s release. Over 50 people from Imizamo Yethu signed a petition urging the court to deny bail.
The accused, who pleaded not guilty, testified that he had no previous convictions or outstanding warrants and that he is the sole breadwinner supporting his elderly mother in the Eastern Cape. He also mentioned that he suffers from epileptic seizures.
However, prosecutor Lukhanyo Langeni opposed the bail application, citing Section 60(11)(a) of the Criminal Procedure Act. “The accused offers no documentation to support his claims,” said Langeni.
“In matters of this nature, the law requires exceptional circumstances, none have been shown.”
In delivering her ruling, Magistrate Sharon Mthimunye said the court had considered both the seriousness of the charges and the public interest. “This is not a trial court, it is a bail court,” Mthimunye said.
“Your evidence mostly deals with personal hardships, but that is not enough under the law.” She noted the emotional tension in the courtroom during proceedings. “There was uproar in court while it was sitting. Releasing you would likely provoke public outrage, endanger your safety, and undermine confidence in the justice system.”
“You have failed to satisfy this court with exceptional circumstances. Bail is denied.”
The accused is scheduled to appear again via virtual proceedings on Thursday 14 August.
Activist Zikho Qotyiwe, who attended court, said: “Our children deserve safety, not silence. This case must be handled with urgency and care. The community stands with the survivor.”
