Durban — A 39-year-old KwaNyuswa taxi driver charged with the alleged rape of a 12-year-old girl last year is to relocate from that area as part of the bail conditions that were stipulated when the Pinetown Magistrate’s Court granted his release on R3 000 bail.
“You are not to go to KwaNyuswa. You are to stay at the alternative address provided until the matter is finalised. You are not to communicate with witnesses or the victim. If you breach any of these conditions, bail may be cancelled, and you kept in custody until the finalisation of this matter,” said Acting Magistrate D M Sishi on Monday in court.
It is alleged that the man had given the girl a lift. He then took her to nearby bushes, where he allegedly raped her.
Sishi said that the court was satisfied that the accused had discharged the onus of proving exceptional circumstances that permitted his release on bail.
“The applicant filed two affidavits for his bail application. The court was mindful of provisions of Section 16 that guides Schedule 6 bail applications. Of his personal circumstances was that he was married with four children aged 9 (twins), 17 and 15, who are all school going. Copies of the birth and marriage certificates were provided.
“An alternative address was provided with a confirmation of ownership of the land. That he is employed as taxi driver employed by his uncle and owns a tuckshop that brings in about R15 000 a month and employs two people that he pays R2 500 a month.”
Sishi specifically commended the defence for providing confirmation affidavits and supporting documents which he said were important in helping the court decide whether an accused’s circumstances were exceptional enough to permit release on bail.
“The applicant, through his affidavit, said he wished to keep his employment and if he is kept in custody, that his partner and children would lose his support and his employees would suffer, adding that he would not go into merits of the case only to say that he was arrested at his home on June 30 in front of his children and co-operated with police,” said Sishi.
In his bid for release on bail, the accused, in his affidavit, had told the court that he could afford R1 000.
“Bail of R1 000 would be on the low end considering the nature of the offence,” said Sishi to the defence, who, after consulting with the man’s family, said an amount of R3 000 could be afforded.
The court also heard that the man was convicted of indecent assault in 2010. His intended plea in this matter is that of not guilty.
Daily News