Emjindini residents and members of the African National Congress Women’s League (ANCWL) picketed peacefully outside the Barberton Magistrate’s Court last Wednesday, opposing the bail application of the 28-year-old man accused of raping a three-year-old girl.
The minor, who can’t be named to protect her identity, was raped on October 9. She was discovered around 19:00, lying unconscious after having been thrown in the stream near Rimer’s Creek.
Sizwe Yende (28) of Spearville Section in Emjindini, who is accused of raping the child, made a brief appearance before magistrate Thulisile Mthethwa last Wednesday.
The court benches were packed to capacity with community members who had come to catch a glimpse of the accused.
Yende was represented by the State Legal Aid attorney Moloko Molomo, who requested the court to postpone the case. “I understand that the matter was set to sit for formal bail application today, but due to other unforeseen circumstances, I humbly request the state for postponement,” asked Molomo.
Mthethwa agreed to have the case postponed after the state prosecutor Patrick Makhubela raised no objections to Sibiya’s request.
“Your (Yende) case has been postponed to November 18. You will be kept in custody until that date as no bail has been granted for you,” said Mthethwa.
Supporters, who had gathered at the court buildings, danced and sang struggle songs while others chanted, “No bail Yende, no bail”. The picketing had been organised by the ANCWL of the Umjindi subregion. The interest shown by Ancwl in the case is reported to have put pressure on Sibiya to request the state to postpone the case.
Barberton Times has since learnt from a reliable source working closely on the case that Sibiya might apply for a requisition for his client to reappear in the court before the set date of November 18.
ANCWL representative, Elizabeth Gecelo-Mkhabela, said the organisation was tired of young criminals and they were happy with the court’s decision not to grant Yende bail.
“Granting him bail will be like letting a dog out to attack. We do not want him in our community and we hope that he gets a hefty jail term.
“We are tired of rapists and murderers. We have children and need protection,” said Gecelo-Mkhabela. She also urged the people of Umjindi to heed the call by the Ancwl for residents to organise themselves and oppose bail for rape and murder suspects.
“We need to register our strong protest and anger by demanding that rape and murder suspects should not be given bail,” she said.






