Boy now pleads guilty to one of 12 rapes
A 16-year-old boy from Komani Park, who pleaded guilty to 10 counts of rape and two counts of compelled rape late in 2019, changed his statement at the Queenstown Magistrate ’ s Court on Tuesday, admitting to only one count of rape.
The Rep reported (Young boy accused of multiple rapes October 10 2016) on a teenager, who may not be named as he is underage, who is accused of raping 12 young children in the Komani Park area, some under the age of 10, with charges dating back to May 2016.
The boy, who was 13 when he allegedly committed the offences, pleaded guilty and was convicted on September 27
2019 on 10 counts of rape and two counts of compelled rape.
He appeared before magistrate Lungi Mahlathi on November 6 2019 for presentencing reports.
The matter was postponed to January 14 2020.
The accused returned to the dock on Tuesday when magistrate Mahlathi confirmed that the required reports and a probation report from social workers had been presented.
However, defence attorney Thandikhaya Bashe requested his withdrawal from the case because the report was “in complete conflict and contrast following a consultation and interview with the accused ”.
Mahlathi said: “When we commenced with trial you [accused] pleaded guilty to a list of charges against you and that is what your legal representative presented in court and the last page of the report was signed by you.
“You pleaded guilty to all 12 charges and, according to the indictment, you admitted to all the charges.
“You now, however, admit to one charge of rape.
“It cannot be denied that this is in complete contrast to what you admitted in court.
“On ethical grounds, Bashe withdrew from the case, he ethically cannot continue representing you.”
Mahlathi accepted the withdrawal, indicating Bashe had an obligation to do so.
“This is not the end of the matter, this is a serious case involving you as a child offender. This court will not allow you to stand without any legal representative.”
State prosecutor Sibusiso Mgenge said he was not in a position to oppose the application.
The matter was remanded to Wednesday for the accused to apply for legal aid.
Parents of the victims poured out their frustration in the courtroom after consulting with the state prosecutor before the proceedings started on Tuesday.
One parent said: “We were told that today we would proceed with the sentencing.
Now things have changed. The case will be prolonged again.
“This has been going on since 2016, how do we explain this to our children?
“How do I tell my grandchild this has happened and I, as a parent, can ’ t do anything about it.
“This is traumatising our children. “The law is failing us.” As the court reconvened on Wednesday, magistrate Mahlathi postponed the matter to February 5 to allow for the new defence to acquaint themselves with the case.