The two 42-year-old men accused of several sexual offences against two boys, aged 15 and 16, were released on bail of R1,000 each at the Swellendam Magistrate’s Court on October 17.
One of the main conditions of their bail is that neither suspect may directly or indirectly interact with any minor under the age of 18 until their next court appearance on January 20, 2026.
The state brought the following charges against the accused: three counts of rape, two counts of statutory rape, two counts of sexual assault, one count of sexual grooming, and one count of sexual exploitation of children.
“The only thing I have a problem with is the direct and indirect influence on the witnesses,” Magistrate Ellis said in her ruling.
“I am happy that you proved your case and that you should be granted bail of a thousand rand each.”
“As far as the conditions are concerned, I’m concerned about the influences not only on the witnesses because that influence is not necessarily direct. I’m more worried about indirect influences, and that can come from other children on these children.”
“I am not concerned that you will make direct contact with these children. My worry is that you will make indirect contact with these children. I won’t put it past the others present in court today.”
During the bail application, the court heard testimony from the Caledon Family Violence, Child Protection and Sexual Offences Unit, which highlighted the serious nature of the case.
Investigating officer Sergeant Pedro Hendriks pleaded with the court not to release the suspects, noting that the charges brought against them are Schedule 6 offences and that the victims are minors.
“This is serious misconduct, and it is my view that the release of the suspects should be in the hands of the court,” Hendriks said.
The court was also presented with a petition from community members in favour of the suspects’ release. However, Magistrate Ellis said the petition would not carry weight in court.
“According to the people who signed this petition, you are squeaky clean. Accused number one, you are not only God-fearing but a lot of other things as well. I will refrain from commenting on that, considering the evidence presented here today.”
Hendriks read out certain parts the victims’ statements, which described in detail what allegedly transpired at the Railton cemetery on the night of October 5.
While the testimony still needs to be tested in court, with the defence likely to argue that the sexual acts were consensual, the fact remains that both victims are minors.
Evidence presented to the court included a detailed medical report from Swellendam Hospital as well as Facebook Messenger conversations between accused number one and the 15-year-old victim.
These messages provided a detailed account of what allegedly transpired before and after the incidents of sexual assault.
The state argued that releasing the suspects would not be in the best interest of the community.
“If we look at accused number one, there was a position of trust. He works at the same school as this minor, and he should have known better. He should not have sent personal messages to a 15-year-old minor,” state prosecutor Jaylin Kamfer said.
“If we look at the outrage in the community, should they be released, there might be a likelihood that peace and security among those involved could be undermined.”
Kamfer added that public confidence in the criminal justice system would be questioned if the suspects were released.
“Minors are supposed to be protected, not just by their parents or teachers, but by the community as a whole.”
“Despite the fact that both accused are first offenders, we cannot turn a blind eye to this horrific act and the impact it has had on the community to such an extent that the media was involved.”
