Witness fails to pitch at Luyanda Botha's 2014 rape case

The ex-girlfriend of convicted killer and rapist Luyanda Botha failed to pitch up on Monday to testify in his 2014 attempted rape case despite being subpoenaed.

Botha, a former post office employee, is serving three life sentences for the rape and murder of University of Cape Town student Uyinene Mrwetyana in 2019. 

The attempted rape complainant, who attended a nursing college in Athlone, alleged he attempted to rape her in June 2014 in the college residence bathrooms. 

The Wynberg magistrate’s court heard the witness had forgotten to attend proceedings but magistrate Anthea Ramos noted she appeared reluctant to come to court. The state was instructed to ensure she attends the next session.

Attorney Kyle Petersen, representing Botha, said in his heads of arguments the complainant invented the story to bolster her claim as “poor evidence” could not sustain any findings of an assault.   

“She found it so problematic that a man would enter a female shower that her conclusion was the only reason he was there was to commit rape. There is nothing to prove the accused was there to commit rape or did anything in furtherance of an attempted rape.” 

Prosecutor Xolani Ncobo said the complainant was clear on what had happened. She indicated she fought for her life and to protect herself from an rape as she was naked, he was standing over her and struggling with her.  

“The complainant and the other witnesses were confident when testifying and had a good demeanour during cross-examination. The evidence of the complainant is corroborated by the third and fourth witness who testified the complainant reported the incident to them and this was done immediately.”  

The case was postponed to December 10. 

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