Cassiem Imani, 43, made his first appearance at Wynberg Magistrates’ Court on Thursday after being arrested in Plumstead on Monday for allegedly attacking a female customer in her home in Hastings Road.
According to the initial statement given to police on Friday, the 26-year-old woman told cops she had ordered Spur, which was delivered by a dark of complexion, short guy, wearing black jeans and hoodie jacket.
She said her attacker worked for Mr D Foods and while paying, he told her she was beautiful and he loved her before pushing her against a wall.
Initial reports quoted a police source saying: “She fell to the ground and he penetrated her vagina. His pants were open, but she does not know how he did it.”
The woman hit her attacker with a bowl and ran to the study where she pushed a couch against the door to keep him from coming in, and called for help.
On Monday, police spokesperson, Sergeant Liesel Beukes, confirmed cops were investigating a rape case but on Wednesday it was revealed at court that he now faces attempted rape charges.
The Malawian man stood calmly in the dock before Magistrate Goolam Bawa.
While reading the docket, the State prosecutor said Imani allegedly tried to pull the woman’s panties off, but did not succeed as she fought him off.
Bawa then questioned why the docket stated rape and not attempted rape and the charge was subsequently changed.
The prosecutor also said the State would oppose bail as they believed Imani was a flight risk. “He does not have papers to be in SA,” she said.
Defence lawyer, Kyle Jason, argued that the information was incorrect as Imani had been formerly employed and had the required documentation.
Bawa postponed the case to 17 July for a bail information hearing and to establish whether or not Imani is legally in the country.
Devin Sinclair, CEO of Mr D Food, said: “As soon as we were alerted to the incident, action was taken and the driver was immediately suspended by the franchisee.”
He added they were offering the victim’s family support and were helping police with the investigation.