The 18-year-old Claremont High School pupil arrested for the kidnapping of 2-month-old twin, Kwahlelwa Tiwane, was at school during at the time the offence was committed, the Bellville Magistrate's Court heard on Monday.
Karabo Tau applied for her release on bail and the first witness in the application, investigating officer Solomzi Ngunda, testified that the kidnapping took place at 14:00 on January 16, as reported by the baby's mother.
However, defence lawyer Sulaiman Chothia provided evidence that Tau was at school during this time.
He showed the court a signed letter from her isiXhosa teacher which confirmed that she was at school. There was also CCTV footage to support this.
"The state prosecutor and the investigating officer don't care at all," Chothia said when interviewed outside court.
"He (the investigating officer) doesn't care two hoots whether my client is in custody or not...he's quite happy for an 18-year-old matric learner to spend another week in jail until February 3 when he comes back from wherever he is going to. So that is a sad state of affairs at the moment," he told News24.
There were two groups of people outside the court – one from Khayelitsha which was there to support the mother and father of the baby, and another which was there to support Tau.
"She's innocent," some shouted outside the court.
Tau was joined in court by a second accused, 22-year-old Ely Kibunda.
Kibunda's bail application was postponed to February 3.
Meanwhile, the mother of the baby, Asanda Tiwane, was too emotional to talk to the media.
"The mother is worse than me," said Siyanda Thongani, the baby's father. "Because she can't even eat and the two-month-old [twin] is asking about the twin over and over."
Tau's bail hearing is expected to continue on Tuesday afternoon.