Court to pass judgment on Luyanda Botha's discharge application next week

Former postal officer worker Luyanda Botha on Monday appeared in the Wynberg magistrate’s court, which heard argument he should be discharged on an attempted rape charge against him dating back to 2014.

Botha is serving three life sentences after he raped and murdered former University of Cape Town student Uyinene Mrwetyana in 2019.

The complainant, who attended a nursing college in Athlone, stated that Botha had attempted to rape her in June 2014 while she was taking a shower in the college residence bathrooms.

Attorney Kyle Petersen, representing Botha, stated in his heads of arguments that there were no objective facts that he had tried to commit an act of sexual penetration.

He said the court previously had heard evidence from investigating officer Sgt Oscar Dada that his evidence along with two other witnesses could not assist as they were not there when the incident happened and the complainant was therefore a single witness.

The court also heard evidence from the complainant that Botha allegedly entered the shower area, pushed a bin next to the shower and climbed onto it while spying over the rim of the shower and when she saw him she screamed.

Petersen stated that this evidence was “common cause” and it was after this that the versions diverged. She stated that Botha allegedly beat her with his fist in the face then kneed her in the mouth and choked her.

After fighting him off she stated there was a lot of blood in the shower area. After a “long time” he got tired and left.

“From the accused’s version he and the complainant collided by accident when he re-entered the bathroom and she was making her way out.

"That bump explains the small amount of blood on the complainant’s mouth if it was indeed present ... If it did then her face would have been swollen, bruised and bloody, there would be ligature marks on her neck. The detective would then have provided her with the J88 form for a doctor to complete,” said Petersen.

In a statement the complainant said: “I believe 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.”

Petersen stated this was the real reason the complainant had made the claim that Botha had attempted to rape her as she found it “problematic that a man would enter a female shower” and that her conclusion was the only reason he was there was to commit rape.

The case was postponed to July 16 for judgment on Botha’s application for the case to be discharged.

TimesLIVE