Durban — The Pinetown Magistrate’s Court has refused bail for a 21-year-old man charged with the alleged rape and kidnapping of a 13-year-old child which took place in the Molweni area.
The man who had previously abandoned bail, had his bail hearing heard on Tuesday where the court found that it was not in the interest of justice to release him as he had failed to adduce exceptional circumstances permitting his release on bail.
He also faces a charge of pointing a firearm as well as being in possession of a 9mm pistol without holding a licence, permit, or authorisation in terms of the Firearms Control act of 2000.
It is alleged that he pointed the same firearm at the child on October 20 when he allegedly forcefully took the child from the road to his room, where she was locked up.
The State alleges that the man raped the child on several occasions.
In his bid for bail, his Legal Aid attorney, PM Dlamini, told the court his client was unemployed, had no children and lived with his mother, who he supported through piece jobs he got in construction.
He said that the man intended on pleading not guilty to the charges levelled against him.
Dlamini read out the man’s affidavit in court, which stated that he was from Inanda and turned 21 on Monday. The man stated that he had no passport, family and financial ties outside of South Africa. He promised to attend trial until finality.
“I have no passport, no family and financial ties outside of South Africa. I will attend trial until finality, I have a fixed address and no previous or pending matters or warrant of arrests against me,” said the man in his affidavit.
The court denied the man bail based on the fact that he had failed to discharge the onus upon him to show the court that exceptional circumstances existed permitting his release on bail, as he did not specify his mother’s age, as well as who had been supporting her financially in the two months that he has been in custody.
Daily News