On April 25, 2022, pupils from a Clermont high school picketed outside the Pinetown Magistrate’s Court when a teacher, charged with six counts of rape, made his first appearance. Two years on, the trial of the accused teacher meant to have started on Monday was postponed due to his ailing lawyer. Picture: Bongani Mbatha/ Independent Newspapers
Durban — Monday marked exactly two years since a Clermont high school teacher was released on bail after facing six counts of rape, allegedly involving three of his pupils.
The alleged rape victims and the accused had anticipated that evidence would finally be led in the trial which was meant to begin on Monday in the Pinetown Magistrate’s Court.
However, all parties, including the accused, left the court disappointed when the trial was postponed due to the defence advocate being ill.
Even the State did not take too kindly to the postponement with prosecutor Simphiwe Magagula saying that most of the delays in the trial had been due to the defence.
This after lawyer SC Mendluli addressed the court, saying he had been asked by the accused’s defence advocate Andile Thusi to report that he was unwell and had been for some days now.
“The matter had been adjourned a long time ago for the trial to begin today (Monday), if we could I’d say the court marks the matter final for adjournment of the trial,” said Magagula.
The accused is alleged to have performed sexual acts with the three pupils all aged 17 in 2021 on the school premises.
Adjourning the matter magistrate Siphiwe Hlophe stressed that the postponement had caused a disruption to the court’s roll as provisions had been made for the trial to be heard for this entire week.
“It’s unfortunate that your case cannot proceed, it is again at the instance of the defence. This is beyond anyone’s control as everyone can get sick at any given moment. This case is adjourned to June, if your defence counsel cannot avail himself, then I suggest you try to get someone else,” said Hlophe.
All three complainants set to testify in the trial were present in court.
“There are many witnesses in this case hence the week was set aside for the trial. The postponement not only disrupts the court’s roll but has a financial impact on the State which incurred expenses in getting the witnesses to court,” said Hlophe.
Following his arrest in April 2022, the accused was granted bail of R5 000 on condition 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 and moved to the regional court for trial.
During his bail application in the district court, it had emerged that there was a possibility of more victims coming forward, however, as it stands there are still only three complainants in the matter.
Speaking outside the court one of the complainants’ mother said her daughter – now a first-year student at university – had to take time off school to be at court.
“Seeing another delay in this trial is putting all of us through great emotional turmoil, more especially the children. It has been two years now and the trial has not started.
“We have had to come to court and take time off work to be here. We are getting tired of this case, this is disrupting the children’s schooling life.
“Had the trial started today (Monday), it would have been a step closer to finality,” she said.
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