The soldier accused of raping a 70-year-old woman from Philippi appeared at the Wynberg Magistrates’ Court on Tuesday.
The community of Siyahlala informal settlement took matters into their own hands on Sunday when they beat the accused, Khayalethu Mkhumathela, nearly to death.
The man, said to be in his 50s, was moered by the angry community before being arrested and taken to hospital.
The incident took place in the same community where 17-year-old Amahle Quku was found naked and murdered on 20 June.
When he entered the courtroom, his head was bandaged as he walked towards the dock.
Magistrate Goolam Bawa told Mkhumathela that he is being charged with rape and asked him to confirm if he was indeed a soldier.
Mkhumathela confirmed that he is a member of the South African National Defence Force and asked to be allowed to call the army base he was stationed at.
“The military police were supposed to have been here in court, so I would like to get a chance to call the base,” he told the court.
Bawa asked if Mkhumathela would be represented by someone from the army or if he would get a lawyer and he said he was unsure.
State Prosecutor Phumeza Mtuyedwa-Zondi said Mkhumathela shares the same clan name as the victim’s husband and that they were drinking together when the alleged rape happened.
“The accused pushed the victim into her bedroom and that is where he took off her panties and raped her,” she said.
APPEARANCE: Wynberg court
An activist from Philippi, Mercy Dube, said the community does not want the accused to get bail.
She said in most cases victims get intimidated by the suspect.
“Since he is a soldier that is meant to protect us, the law needs to make an example of him and give him a hefty sentence so he can stay behind bars for a long time,” she said.
The matter was postponed to today and the accused remains in custody.