State opposes UCT rape accused’s bail
Lesotho national is a flight risk with no fixed address, court hears
THE MAN accused of raping a 20-year-old UCT student majoring in gender studies made his first appearance at the Wynberg Magistrate’s Court yesterday. Thabiso Monyakane, 24, a semester study abroad student at UCT, appeared before magistrate Yolisa Ndoyana on a charge of rape.
The court heard that the medical report supported the victim’s statement.
Reading the victim’s statements, prosecutor Nangamso Matta said: “In the early hours (of Sunday) the victim arrived at her residence after socialising with friends.
“The victim went to sleep at her place and she woke up to find the accused sleeping next to her.”
Matta said when the woman woke up, she found that she was being penetrated.
“The victim woke up and told him to leave,” she said.
Matta told the court the State was opposing Monyakane’s release on bail.
She argued that Monyakane was from Lesotho, did not have a fixed address and that the case was a “serious matter”.
“He doesn’t have a fixed address. The State wants to verify an address as he was squatting at UCT.
“The State considers him a flight risk and is opposing bail.
“We want to verify the identity document and passport.”
UCT spokeswoman Pat Lucas confirmed that Monyakane was a registered student.
Monyakane, whose defence lawyer, Mampolokeng Monyakane, is also his sister, stood in the dock dressed in black faded jeans and a black jersey.
He appeared tired, often leaning against the dock.
His lawyer told the court Monyakane did not have a passport and asked that the court release him on bail.
She said his passport was confiscated by the Maseru police in Lesotho two years ago.
“He stays with me. He is my dependent. Our father passed away in 2000.
“I am an officer of this court. I wouldn’t cloud the court. I know bail conditions.”
She added that her brother was being harassed on social media.
Since the victim named Monyakane as the accused on her Facebook page, a photo of the accused has been circulating on social media.
In the photo, the accused’s name and the word “rapist” is written in bold.
His lawyer said: “Since the arrest of the accused I called various officials but not one was able to get the investigating officer.”
Soon afterwards, Ndoyana remanded the case for a formal bail application, to take place today.
A group of UCT students supporting the victim said the State was unprepared.
One student, who declined to be named, said: “It’s like she didn’t care.”
The student said allowing his sister to represent Monyakane was a conflict of interest.
“She is asking for him to be released into her care.
“I’m surprised that they didn’t bring it out,” the student said.