DNA evidence central as Komani rape accused seeks R200 bail

ANC councillors showing support for the victim at the Komani Magistrates Court on Tuesday

The bail application against a 65-year-old man accused of raping and impregnating his step-daughter in McBright village near Komani will be decided on Wednesday (07/01/2026).

The accused appear in the Komani Magistrates Court on Tuesday for a formal bail application.

He stands accused of raping his 38-year-old mental ill daughter since she was 15 years.

Impregnating her when she was 17-years-old

Impregnating her when she was 17-years-old and again seven years ago.

Magistrate Ganesh Narayamsamy said the case is postponed due to the court roll congestion as he has to deal with lots of cases on Tuesday.

The investigating officer sergeant Nomthandazo Qina said opposes bail as the accused was supposed to protect her stepdaughter and family.

If he is given bail he will evade trial

“If he is given bail he will evade trial as we have concluded the case and the DNA results are 99.9% showing that he is the father of the two children,” she said.

Qina said she is urging the court to oppose bail.

“All this time the mother was not aware of this, she saw how close her daughter and her husband were. When she heard about the alleged rape from the community, she went to the police station to open a case two time and was ignored,” said Qina.

Qina said it was when she came with social workers that a case was opened

In his affidavit the applicant said he was in custody since 10 December 2025.

“I am suffering as an elderly in prison as I don’t get treatment for my cronich illness and also suffer from pain as we sleep on the floor,” he said.

The applicant said he has severe leg pain

The applicant said he has severe leg pain as the leg was operated three times and it is painful due to the prison environment.

“I don’t have previous convictions, pending cases nor outstanding warrants,” he said.

He said he is doing odd building jobs and can afford a bail of R200.

The prison conditions are not conducive for him

In its arguments the state argued that the fact that the prison conditions are not conducive for him is not exceptional.

“He did not produce any exceptional circumstances in his affidavit that could lead to him be released on bail. He took advantage of the victim not because she is vulnerable as a woman but because of her mental state,” said the state.

The state said the department of correctional services has health facilities to take care of those in prison and also prisoners are taken to clinics and hospitals for their treatment.