New witness to take stand in Luyanda Botha rape case dating back to 2014
by Kim Swartz · TimesLIVEFormer postal worker Luyanda Botha appeared in the Wynberg magistrate’s court on Friday, which heard a new witness would take the stand in the attempted rape case against him dating back to 2014.
Botha is serving life imprisonment for the 2019 rape and murder of University of Cape Town student Uyinene Mrwetyana.
The complainant, who attended a nursing college in Athlone, accused Botha of attempting to rape her in June 2014.
The court was expected to hear judgment in the matter, however magistrate Anthea Ramos said an additional witness, Botha’s girlfriend at the time, would be called to testify.
The court previously heard evidence from the complainant that Botha allegedly entered the shower area in the college bathrooms, climbed onto a bin and looked over the rim of a shower. The complainant screamed when she saw him.
“I believed that at this time this man wanted to rape me, as it is strange for a man to go into female showers looking at them while showering,” she testified.
After fighting him off she said there was blood in the shower area.
Attorney Kyle Petersen, representing Botha, said there was no medical evidence of an assault. The detective in the case had not asked the complainant to complete an official form to document medical evidence required to obtain a conviction in an assault case.
“The state relies primarily on the evidence of the complainant to prove the allegation against the accused. Though the state called [the detective] and two other witnesses, they could not assist the state's case as they were not there at the time of the incident. The complainant is therefore a single witness,” said Petersen.
The case was postponed to November 25.
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