Key points
- Girl withdraws sexual assault claims against her father.
- High Court overturns denial, citing constitutional rights.
- R10,000 bail with reporting, travel limits, and no contact.
A single affidavit penned by a 14-year-old girl has reverberated through the very architecture of the Western Cape High Court.
Months earlier, the teen had accused her father of rape and sexual assault, setting in motion a criminal case fraught with emotional and legal weight. But as the story unfolded, so did her testimony. She retracted her allegations, describing them as false in a sworn statement submitted to Milnerton Police Station.
On 30 June 2025, this retraction emerged as the fulcrum of a High Court appeal, reshaping a bail hearing once dismissed by a lower court. Acting Judge PS van Zyl ruled in favour of the appellant, setting aside the magistrate’s March 2025 refusal of bail and granting release under strict conditions.
Weighing freedom against fear
The appellant, whose identity remains confidential due to the nature of the charges, was arrested on 30 November 2024 on three serious allegations, including one that carries the possibility of life imprisonment. The charges stemmed from his daughter’s initial complaint, one that she would later recant.
Despite the affidavit withdrawing her claims, the State elected to continue with the prosecution. Prosecutors argued that the retraction did not sufficiently diminish the seriousness of the charges, or the potential risks associated with the accused being released. The Cape Town Magistrates’ Court agreed, denying bail and citing concerns over witness intimidation and prior arrests as reasons to keep the accused in custody.
However, those previous arrests had resulted in no prosecutions, and the High Court highlighted this in its findings. Judge van Zyl emphasised that bail cannot be denied solely based on unproven allegations or speculative fears.
“Freedom is a precious right protected by the Constitution,” Judge van Zyl wrote in the judgment. “It must not be curtailed solely because the charges are serious, especially when exceptional circumstances are presented.”
Bail granted under stringent conditions
Following the appeal, the High Court granted the appellant bail of R10 000. The terms of his release are stringent and designed to safeguard the judicial process. These include:
- The accused must surrender all travel documents within 24 hours of his release.
- He is to remain within the City of Cape Town metropolitan area unless written approval is obtained.
- He must reside at a designated address and may not change residence without prior permission.
- He is required to report to the Table View Police Station every Monday, Wednesday, and Friday between 6am and 6pm.
- The appellant is barred from contacting the complainant or any witnesses, either directly or indirectly.
The appellant has also been warned to appear in the Cape Town Magistrates’ Court on 9 July 2025 and for all future proceedings related to the case.
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