KNYSNA NEWS - The Thembelitsha Primary School teacher charged with five counts of sexual assault is out on R7 000 bail.
During the man's bail application on Thursday 15 November, the state said it would be withdrawing the sexual grooming charge against him but adding two charges of sexual exploitation.
Opposing bail, state prosecutor Linden Windwogel said if the accused were to be released on bail, he would be a danger to minors and a flight risk.
The teacher, a Zimbabwean national who is represented by local lawyer Carl Jeppe, had his affidavit read on record by his attorney.
For the schedule 5 official bail application, the accused said he believes the state's case against him is weak.
Detailing his reasons for bail, he said he his wife would not be able to pay their daughter's school fees should he be kept in custody. The man, who was convicted of drinking and driving in 2010, said he would comply with bail conditions.
'Innocent of the charges'
According to his affidavit, he intends to plead not guilty, and stated, "I'm innocent of the charges levelled against me."
Jeppe added that the regional court is congested and that it would take several years to conclude the matter and that his client might suffer financial loss.
The investigating officer (IO), Constable Zolani Mpendu from the family violence, child protection and sexual offences (FCS) unit, who has been with the SAPS for nine years and the FCS unit for two years, detailed the state's case under oath and described the incidents as follows:
One alleged victim, a 14-year-old girl, claimed the teacher grabbed her with both hands and touched her breasts at the school on 22 October and when she pushed him away and said she would report the matter, he allegedly promised to give her money but she said she refused the money.
An 11-year-old girl, who said she could not recall exact dates, claimed there were two incidents during the third term this year, both happening at the school. The first was reportedly while she was busy with her school work, when the teacher apparently touched her shoulder before going under her shirt, and the second time, she said, was while she was getting onto the school bus, the teacher allegedly pulled her towards him and touched her breasts.
The third learner, also 11, alleged that an incident took place at the school during the third term and that she too was touched on her breasts.
The most recent incident allegedly happened on 12 November, also at the school. A 12-year-old claims it happened during class, when the teacher reportedly grabbed her for a hug and then touched her breasts.
Four cases pending
The accused was shaking his head throughout the investigating officer's testimony.
During cross-examination, Mpendu said four cases were opened against the accused and that four are still pending and are with the social worker at the school.
Listing reasons why the accused should not get bail, Mpendu said, "All victims are minors, and the teacher is in a position of trust." He added that some community members told him if the teacher got bail they would take the law into their own hands.
He also submitted a petition by The Total Shutdown activist movement.
'No evidence accused would abscond'
During her judgement, magistrate Leonore Swarts said there is no evidence that the accused would abscond after being released on bail, and added, "He is even willing to submit his passport to the state."
She said the court will not discriminate against the accused because he is a Zimbabwean, that he has legal documentation and is a permanent resident with strong family ties in South Africa.
His bail conditions are that he should not interfere with or intimidate the witnesses, and he has to submit his passport to the state until the case is finalised.
Candice Ludick from The Total Shutdown said they are disappointed with the outcome and that the criminal justice system favours the alleged perpetrator. "They are afforded more rights than the victims. It is for this reason we say the system is broken, it doesn't work and that is why organisations like The Total Shutdown exist."
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