Durban — In July it will be the Pinetown Magistrate’s Court's third attempt at setting trial dates against a Clermont High School teacher facing six counts of rape.

On the last occasion in May, the trial had meant to have begun however the teacher’s legal counsel was indisposed.

Last Thursday it was expected of Advocate Andile Thusi to be present in court so that new trial dates for the matter could be set. However he failed to again appear in court.

The accused is alleged to have performed sexual acts with the three pupils all aged 17 in 2021 on the school premises.

Following his arrest in April 2022 the accused was granted bail of R5 000 with conditions that he relocate from the jurisdiction of Pinetown.

His bail was granted in the district court and he made numerous appearances in that court before his matter was deemed trial-ready following the completion of investigations. It was subsequently moved to the regional court which is the trial court.

During his bail application in the district court, it emerged that there was a possibility of more victims coming forward, however, as it stands there were still only three complainants in the matter.

The 55-year-old man had been employed at the high school since 2008.

In court, Advocate Nhlanhla Khuluse presented himself before Magistrate Siphiwe Hlophe informing him that he was standing in for Thusi who had been involved in a car crash on Monday and was hospitalised as a result.

He said that his instructions were to set a new trial date adding that a date in August would be suitable for Thusi.

State Prosecutor Simphiwe Magagula said it had been twice that the matter had been set down for trial and has not commenced on the fault of the defence.

“I have witnesses in the matter coming from Johannesburg, every time there is an excuse from the defence. I suggest that we postpone to a date for Thusi to be here in court to set the trial dates himself,” she said.

Hlophe agreed with Magagula and said that the case had been postponed quite a few times.

“On perusal of the record, I note that we have set quite a number of dates for trial in this matter, and on those dates, it has not proceeded because of the defence. When the accused was still represented by Mr Jairam trial dates were set in October last year, we had set 3-6 October. On those dates it did not go ahead because Mr Jairam withdrew as attorney. Again the matter was postponed after Mr Thusi had placed himself on record as counsel. We had reserved 3-5 April 2024 as well as 6-10 May and when those dates came Thusi was unavailable. I can’t postpone the matter to August, he has to recover and come to court and set trial dates where he will be able to avail himself,” said Hlophe.

The matter was then stood down for Khuluse to contact Thusi to obtain a date from him when he would be able to come to court. Khuluse then told the court that Thusi, who needed two to three weeks to recover, would avail himself on July 12.

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