A man accused of raping a hitchhiker near the Bothashop border gate has been granted bail in Middelburg.

The accused man (36) was previously sentenced to 10 years’ imprisonment for rape by the Mkhondo Regional Court in 2009.

He is now facing a new rape charge after an incident on April 4, in which a woman was allegedly attacked after accepting a lift from him.

State details hitchhiker lift allegations

According to the investigating officer’s affidavit presented during the bail proceedings, the woman was hitchhiking to the Bothashop border gate when the suspect allegedly offered her a lift.

During the journey, he allegedly threatened and assaulted the victim, before the alleged rape.

He then allegedly left her at the scene and fled.

The woman managed to obtain the registration number of the vehicle, which helped police identify the suspect. The state alleged that she later pointed him out during his arrest.

The State opposed bail, with the complainant telling the court that she feared for her life if the accused was released.

Piet Retief Magistrate’s Court refused bail on April 28. The accused subsequently appealed the decision to the high court.

High court finds lower court misdirected

In his judgment, which was delivered on October 28, Acting Judge Mawabo Malangeni found that the lower court had misdirected itself when refusing bail.

The judge acknowledged the seriousness of rape and gender-based violence but said the rights of people accused of these offences could not be overlooked. He also considered the accused’s previous rape conviction, noting that he had been 19 years old when convicted and that a significant period had passed since then.

The judge found that the previous conviction did not, on its own, establish that the accused had a continuing pattern of committing rape offences.

The court further considered that the accused had a fixed address, a job, family responsibilities and no travel documents or family living outside South Africa. There was also no evidence that he was likely to evade his trial.

The judge ruled that the interests of justice permitted the accused’s release on bail.

Court imposes strict conditions

He must attend all court proceedings until excused, report to Piet Retief Police Station every Monday and Friday between 08:00 and 18:00, and have no contact with the complainant, either directly or indirectly.

The court warned that a breach of these conditions could result in his bail being cancelled and his return to custody until the case is finalised.

The court heard that the accused also faces a separate pending charge involving driving under the influence of alcohol in Hendrina.

An inquiry has been made to the NPA regarding the date of the next court appearance for the accused.