The case of a soldier accused of raping a 70-year-old woman in Siyahlala informal settlement in Philippi was postponed on Tuesday due to the Coronavirus pandemic.
The Wynberg Magistrates' Court heard the Investigating Officer (IO) was not present in court after Nyanga police station was closed because of several positive cases of Covid- 19.
State prosecutor Craig Esterhuyse asked that the matter be remanded.
Magistrate Goolam Bawa said the State needs to contact the police station to find out if the IO was one of those infected with Covid-19.
The accused, Khayalethu Mkhumathela, 50, who is a member of the South African National Defence Force (SANDF) was beaten up by community members on 28 June for allegedly raping the elderly woman, who was known to him.
“I have been asked to take special care for the case because it involves an elderly woman,” Esterhuyse told the court.
Mkhumathela has been charged with rape.
His lawyer then indicated his client wanted to apply for bail as soon as possible.
Mkhumathela’s lawyer Gonville Michaels said the case was on the court roll for the first time and asked for a postponement for bail application.
Bawa postponed the case to 23 July for bail application.
At a previous appearance, 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.