Closing arguments in 2014 rape case against convicted killer Luyanda Botha

Former post office worker Luyanda Botha appeared in the Wynberg magistrate’s court on Friday, which heard closing arguments in an attempted rape case against him dating to 2014.  

Botha is serving three life sentences for the rape and murder of University of Cape Town student Uyinene Mrwetyana in 2019.  

The attempted rape complainant, who attended a nursing college in Athlone, said Botha had attempted to rape her in June 2014 while she was taking a shower in the college residence bathrooms.  

Attorney Kyle Petersen, representing Botha, stated there was no evidence of an attempted rape as the evidence given by the complainant did not mention that her clothes or Botha’s were removed.  

“The complainant was not a potential victim in suitable circumstances. She was in a public bathroom in the middle of the day in a public nursing college with hundreds of fellow students who also attended and lived there. The risk would be far too great to see this as a suitable time and setting to try to rape another person,” said Petersen.  

The court previously heard evidence by the complainant that Botha allegedly entered the shower area, pushed a bin next to the shower and climbed onto it while spying over the rim of the shower. When she saw him she screamed.

“I believed that at this time this man wanted to rape me, as it is strange for a man to go into female showers looking at them while showering,” she testified. After fighting him off she said there was a lot of blood in the shower area and after a “long time” he got tired and left.   

Botha testified he did not say anything to the complainant, though he did not deny his conduct on the day. He explained his decision-making was affected by the emotional distress of friction in his relationship.  

Petersen said there was no medical evidence of an assault. The detective in the case had not asked her to complete an official form to document medical evidence that may be needed to obtain a conviction in an assault case.  

“The state relies primarily on the evidence of the complainant to prove the allegation against the accused. Though the state called [the detective] and two other witnesses, they could not assist the state's case as they were not there at the time of the incident. The complainant is therefore a single witness,” said Petersen.  

He argued the complainant invented the story to bolster her claim as the “poor evidence” could not sustain any findings of an assault.  

“She found it so problematic that a man would enter a female shower that her conclusion was the only reason he was there was to commit rape. There is nothing to prove the accused was there to commit rape or did anything in furtherance of an attempted rape.”

Prosecutor Xolani Ncobo said in closing arguments the complainant was clear on what had happened on the day of the incident. She indicated she fought for her life and to protect herself from an imminent rape as she was naked, he was standing over her and struggling with her.  

Ncobo stated the detective witness was credible, though he was not aware the complainant had gone to a doctor and only found out later in 2019 after the case was withdrawn. He spoke to staff but was told the folder could not be found as most records older than five years were discarded or destroyed.  

The court heard testimony from Simphamandla Zibekile and Abongile Ntulo, who bumped into the complainant after the alleged incident. They said she looked shocked and noticed blood on her mouth and knee.  

“[Their] evidence was clear and concise and was not challenged as no questions were put to [them] by the defence,” said Ncobo.  

“The complainant and the other witnesses were confident when testifying and had a good demeanour during cross-examination. The evidence of the complainant is corroborated by the third and fourth witness who testified the complainant reported the incident to them and this was done immediately.”  

The case was postponed to November 8 for judgment. 

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