Case against rape accused MP postponed

2012-04-30 20:30

Cape Town - The case against rape accused ANC MP Sikhumbuzo Eric Kholwane was postponed by the Wynberg Magistrate's Court on Monday.

State prosecutor Shaina Naidoo asked for the postponement so the director of public prosecutions (DPP) could sign an order to prosecute him. She said the regional court had decided to institute proceedings, but needed a decision from the DPP.

Defence lawyer William Booth objected to the request.

"Surely the decision to prosecute or not should have been made some time ago," he said.

He said the matter had been postponed "for the final time" on three occasions, first to find a missing docket, then for investigation and now for a decision.


The delays in getting the matter to trial were a huge inconvenience for Kholwane as he had to commute between Gauteng and Cape Town, as well as juggle business commitments, Booth said.

He asked for the matter to be struck off the roll until a prosecution decision had been made.

"To keep the matter on the roll... is unfair and costs the accused money," he said.

Kholwane, who wore a brown polo-neck jersey, a jacket and black trousers, appeared calm during proceedings.

He listened attentively as Booth explained that his client and the woman had been in a relationship for a long time.

Booth told Magistrate Marietjie van Eeden that Kholwane did not dispute that the couple had engaged in sexual intercourse "on many occasions", but said every time had been consensual.

Not unduly prejudiced

Van Eeden granted a final postponement for July 30.

"At this stage, I feel the matter has not been on the roll that long. That is one reason I am granting the postponement," she said.

She said the other reason was that Kholwane was not in custody and would therefore not be unduly prejudiced by the delay.

He was out on R500 bail and could move about freely. His only conditions were that he stay out of the Mowbray area and not make contact with the complainant.

He was warned to appear on the stated date or have his bail revoked and an arrest warrant issued.

Kholwane, who is the chairperson of Parliament's communications portfolio committee, stands accused of raping a 26-year-old woman in his Grassy Park home in Cape Town.

  • braamc - 2012-04-30 21:49

    R500 bail, shoe

      Jacques - 2012-05-01 00:00

      That's just for untill the case resumes, though...

  • tebomasha - 2012-05-01 06:50

    Reading about rape has become a common thing in SA lately sis maan.

      Raymond - 2012-05-01 08:38

      Rape has become a South African culture and a pass time activity.It is normal in our society because very little gets done to the rapist as he knows that the law in Weak.

      sasekile - 2012-05-01 08:49

      I'm a woman, totally against rape, but in this case, I feel the woman has a vendetta against the guy. What a waste of state resources. It will get to a point where noone will take us seriously when we cry rape

  • Jacqui - 2012-05-01 11:29

    First consensual sex, than rape. Someone got pissed off.

  • Mike Purchase - 2012-05-01 13:50

    They lie so much we will never know but where there is smoke there is a fire.

  • koyontomboxolo.woshe - 2012-06-24 20:59

    This woman is after money!! Shame I wonder the guy is married n have kids cz its sad 2 read such about a member of the family!!

  • ndou.miranda - 2012-07-31 12:37

    what's going mara, why is it that every time when some dignified person from the ANC or a celebrity whom are at fault their trials always drag.But if it was some guy from Tshaiwelo(Soweto)was accused of raping a 26 year old woman, the trial would have took less then fives days.Nxa this is getting out of hand.

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