Cape Town – A jazz musician who is also a Cape Music Institute official is expected to appear in the Blue Downs Magistrate’s Court today in connection with the rape and sexual assault of a minor.
The survivor, now 21, lodged a complaint with police.
The accused has since resigned as the interim national deputy chair of the Trade Union for Musicians of SA (Tumsa), the union announced in a Facebook post.
Police spokesperson Noloyiso Rwexana said the 48-year-old was arrested in Kuils River on Friday and is expected to appear in court today.
“A man was arrested by detectives attached to Kuils River FCS (family violence, child protection and sexual offences unit) and is due to make his first court appearance in the Blue Downs Magistrate’s Court (today). He is facing charges of rape and sexual assault,” said Rwexana.
Tumsa wrote in its post: “It is with great sadness that the executive committee of Tumsa announces the sudden resignation of our interim national deputy chair.
“When asked about the reasons for his decision, he stated that it was for personal reasons, but the nature of which he was not able to disclose.
“We thank (him) for his contribution to Tumsa and wish that he is able to resolve whatever the circumstances around this drastic decision may be.”
In a separate incident, a Moorreesburg mother continues to fight for justice for her 4-year-old daughter after the State withdrew charges against the man suspected of raping the child last year.
The mother said after a year of reporting the suspect – a 49-year-old pastor and owner of a crèche – he had not yet seen the inside of a court despite having been arrested.
“The only update we have is that this matter is with the Director of Public Prosecutions (DPP), but after 13 months nothing has happened. He was arrested but was not kept in custody and never appeared in court.
“I feel despondent some days but I have to be the voice for my daughter. My child is and was defenceless; if I don’t fight for her, who will?” the mother said.
The family’s spokesperson, advocate Vernice Burgins, said there was a “major problem with the permanent prosecutor at Moorreesburg Magistrate’s Court”, who is accused of being “insensitive” to gender-based violence cases.
NPA spokesperson Eric Ntabazalila said the Moorreesburg Magistrate’s Court only dealt with sexual assault cases as a “court of first instance”.
“Sexual offences matters relating to minors are heard in the regional court. Once the investigation is completed and the matter is trial-ready, it is transferred to the Malmesbury Regional Court,” said Ntabazalila.
“It is the duty of a prosecutor to exercise his discretion whether or not to enrol a matter.
“When a decision is taken not to institute a prosecution, the matter is referred to the control prosecutor, senior public prosecutor or DPP for a final decision or confirmation of a decision. The Moorreesburg prosecutor referred the matter to the DPP,” said Ntabazalila.
Police spokesperson Andrè Traut confirmed the man was arrested on charges of the rape last year, and that the case was still under investigation.
Department of Social Development spokesperson Esther Lewis said an investigation was conducted at the crèche that the suspect owned.
“Monitoring and evaluation officials were sent to the crèche, which was in the process of registration at the time, and it was found that the children were not, in fact, enrolled at the facility,” she said.
“NGO ACVV (Afrikaanse Christelike Vroue Vereeniging) had been providing support to the children and their families. The owner was also prohibited from having contact with the children at the facility.
“A social service organisation is in the process of assisting the facility to comply with registration requirements,” said Lewis.
The Swartland town has been rocked by two more incidents involving minors.
Residents were in shock over the sexual assault of minors after a Moorreesburg father was accused of raping his 7-year-old daughter, while a 62-year-old man faced two charges of rape and sexual assault for allegedly raping two minors.
Both men appeared in the Moorreesburg Magistrate’s Court last week.
Cape Times