The National Prosecuting Authority has informed me as follows:
(a) Rape; and
(b) Sexual Assault.
5. On 26 September 2022, the following charges were added to the charge sheet:
a) Contravention of section 49 of the Immigration Act, 13 of 2002; and
b) Contravention of section 17(1)(a) of the Health Professions Act 65 of 1974.
6. The matter was postponed several times for further investigations and instructions from the Director of Public Prosecutions, Northern Cape Division. The accused remained in custody.
7. The local prosecution submitted a formal request that the DNA results should be prioritised regarding the rape allegations against the accused.
8. The matter eventually appeared before court on 13 January 2023 when the prosecution requested another remand for the Director’s instruction and to obtain the outstanding investigations that would include the DNA results.
9. The court refused to grant a further postponement and noted that a further remand would not be in the interest of justice, and the court proceeded to strike the matter from the roll. The accused, who had been in custody, was released because of the court’s decision.
10. On the same date, the Senior Public Prosecutor informed the Director’s office that the matter had been struck off the roll and the Director’s office immediately made arrangements for a warrant of arrest (J50) to be issued. The accused has been red flagged at the South African borders.
11.In the meantime, the Director’s office is closely monitoring the ongoing investigations in order to have the matter re-enrolled as soon as the suspect is re-arrested on the J50 warrant.
END