MAP16 petition admitted as exhibit in rape bail hearing

By Teboho Moloi

QWAQWA – Thabang Motaung, 22, of Mabolela village, accused of raping an 84-year-old woman, will remain in custody until Tuesday, 15 April 2025, when the Phuthaditjhaba Magistrate’s Court is expected to continue hearing his formal bail application.

Motaung was arrested on 30 March and appeared briefly in court on Thursday, 10 April. During his appearance, he took the stand and applied for bail, citing personal circumstances.

In his plea, Motaung told the court he is a student at Ipontsheng Finishing School and the sole caregiver for his ailing mother and an infant child. “I take care of my sick mother and a baby whose exact age I do not know,” he said. He also promised not to evade trial or interfere with witnesses or the police investigation.

However, under cross-examination by the state, it was revealed that Motaung had last attended school on 20 January, more than two months before his arrest.

The prosecution further argued that Motaung poses a flight risk. According to the state, he was arrested in Bluegumbosch while allegedly attempting to flee to Harrismith and was awaiting arranged transport.

Motaung denied this, stating he was merely visiting the area. “I was not running away. I was visiting someone in Bluegumbosch at the time of my arrest,” he testified.

The state also questioned the credibility of his claims. “It is difficult to accept that the accused is a student, doing odd jobs, and simultaneously caring for a sick mother and a baby,” the prosecutor told the court.

In a significant development, the court admitted a community petition opposing Motaung’s release as Exhibit A. The petition, submitted by the MAP16 Civic Movement Women’s Component, argued that releasing Motaung would disturb public peace and compromise safety.

“We are totally against his release on bail. We will continue to fight for justice, especially for the protection of women and children.” Matshepo Mokubung who is the secretary of MAP16 Women’s Component said.

Because Motaung is charged with a Schedule 6 offence, the burden lies with him to prove that it is in the interest of justice to be granted bail. He was also informed that due to the seriousness of the charges, his trial will be heard in either the regional or high court.