Crime
Bail denied for Komani man who ‘raped and impregnated’ daughter.
The 65-year-old man appeared in court on Wednesday and was denied bail.
The 65-year-old Eastern Cape man accused of raping and impregnating his step-daughter in McBright Village near Komani was denied bail on Wednesday, 7 January 2026.
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 and again seven years ago.
Magistrate Ganesh Narayamsamy said he listened carefully to the bail application and arguments and what he did not hear will be heard by another court.
The applicant has failed to show exceptional circumstances exist for him
“The court is of the view that the applicant has failed to show exceptional circumstances exist for him to be released on bail. Due to these reasons bail has been denied,” said Narayamsamy.
He said in a schedule six offence the onus rest on the applicant to show the court that there are exceptional circumstances which permit him to be released on bail.
“the applicant has failed to show exceptional circumstances exist for him he requested should the court not grant him bail.
Our law is extremely user friendly
“Our law is extremely user friendly and there is no reason why lawyers cannot ensure that their clients get medical attention while in prison as prescribed by the law. If there is a problem they have a right to approach higher offices to enforce the rights of their clients to medical care,” he said.
He said everyone who is accused of committing a crime has a right to be released on bail.
“We know that something happened which led to you being brought before court. All people who appear before court are casualties of their own actions,” he said.
He is old, suffering from severe pains due to leg injuries
He said the application submitted his application in a way of an affidavit stating that he is old, suffering from severe pains due to leg injuries and that he is sleeping on a cold floor in prison.
“The investigating officer opposed bail as that the victim is mentally ill and the rape has been happening since she was young and as a result she has two children. The DNA results prove that you are the father of the two children,” he said.
He said the applicant failed to show exceptional circumstances exists for him to be released on bail.
The case was postponed to 9 February 2026
