TWO guards aged 23 and 32 will spend Christmas behind bars.
This comes after both were denied bail by the Mhala Magistrates Court on Tuesday, 19 December.
The duo were arrested in September and charged with two counts of rape and four of kidnapping two female victims aged 18 and 17, as well as kidnapping their boyfriends aged 21 and 20 on a separate incident.
Public Prosecutor Rhulani Hlatshwayo told the court that accused one faces a serious offence falling under schedule six.
"The onus rests on the applicant to adduce evidence that satisfies this court that exceptional circumstances exist, which is in the interest of justice to permit his release. The victims in this matter no longer have freedom of movement.
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"Should this accused be released on bail, it will induce a sense of shock in this country. There's evidence before court that the community was assisting the police to apprehend the accused. Offences of this nature are becoming a pandemic in this republic," she said.
She argued that the accused didn't have a fixed address and could be a flight risk within the borders.
"He can evade trial if released and his release might disturb the public order, peace and security," she said.
She added that there's a likelihood the accused might intend to influence or intimidate the witnesses.
"One of the victims was kidnapped whilst standing outside her residential home which means the perpetrator knows where she resides. Furthermore, one of the victims knows the identity of the accused. The community has an outcry. We don't want our community to end up taking the law into their own hands," she said.
Hlatshwayo put it to the court that the accused was linked by way of confession and identity parade.
"In addition, the DNA in section 205 was obtained to supplement the allegation. Accused is not suitable for bail as today we're not presented with his children's birth certificates nor employment record," she said.
Delivering the judgment, Magistrate Tanya Du Preez said the accused faces two counts of rape and four of kidnapping.
"Accused braved and took the witness stand saying he cooperated with the police and handed himself. Unfortunately, when the investigating officer testified during cross examination, she gave the court a very officiant picture, and explained the time and tracing the accused. She telephoned him to say there's no use to run away.
"Her investigations speak for itself before court that accused's father and his sister do not welcome him, even the rented rooms owner. Accused said he paid R2000 for the rented rooms which the owner denied. Your bail application therefore is denied," she said.
Ward 31 EFF members led by Prince Matlhabane came into court in support of the victims families, who all walked out happy and celebrating.
"This court has been fair and transparent on this matter. We're very happy and satisfied as both accused are kept in jail. As you can see that we're still on 16 Days of the activism against Gender Based Violence and Femicide and Femicide, it's the duty of this court to protect the defenseless victims from any harm," he said.
The 18-year-old female victim's gogo (60) said: "We're celebrating outside court. The monsters are kept where they belong, and our kids are now safe."
The matter has been postponed until 16 January for investigations to be completed.
