Anger, frustration and sadness were the jarring emotions felt by Uyinene Mrwetyana's family when they heard the murdered student's convicted rapist and killer — serving life in prison — faced an attempted rape case dating back to 2014.
The state closed its case on Friday against former SA Post Office employee Luyanda Botha who allegedly tried to rape a 21-year-old student in a bathroom at a nursing college in Athlone, Cape Town in 2014.
The student, who fought off her assailant, reported the incident to police but the case was struck off the roll because she did not attend court proceedings — later explaining she was not informed of the dates. The charges were reinstated after Botha was sentenced for the Uyinene case.
Mrwetyana, a 19-year-old University of Cape Town student, was raped and murdered at the Clareinch post office in August 2019. Botha was the only person there when she went to collect a parcel of clothes she had purchased online. Her body was then dumped in Khayelitsha.
Botha was handed three life sentences for rape and murder, and five years for defeating the ends of justice. Her death sparked nationwide outrage and protest.
When asked if the family believed Uyinene could have escaped harm had the case been heard in 2014, Uyinene's mother Nomangwane Mrwetyana said she hoped justice would prevail in the latest case.
Speaking for the first time about the 2014 prosecution, she told the Sunday Times: “Hearing that Luyanda Botha was attending court again for an attempted rape case brought a surge of emotions, ranging from anger and frustration to deep sadness.
“It is a painful reminder of the systemic failures that allowed such a predator to roam freely and ultimately take other girls’ lives.
“While we cannot change the past, this underscores the urgent need for our justice system to take every report of gender-based violence seriously. We are grateful that the complainant is back in court, and we strongly support her. We refuse to participate in any form of victim-blaming and are hopeful that justice will prevail this time,” she said.
She said the family remained focused on the work of the Uyinene Mrwetyana Foundation.
“We are dedicated to working with young people to prevent the emergence of individuals like Luyanda Botha in our society. Our foundation is committed to empowering young girls and boys with the knowledge and resources necessary to combat gender-based violence.
“We are carrying forward Uyinene’s vision and dream of a safer and more just society for all. Through our efforts, we hope to honour her memory and ensure that her tragic death was not in vain,” she added.
Former nursing student Abongile Ntulo, who attended the same nursing college in Athlone as the 2014 complainant, testified on Friday about returning to his residence and seeing a woman crying, wearing a towel wrapped around her.
“We were shocked and surprised as we don't normally see anyone walking naked on res where the boys stay,” said Ntulo.
“We asked her what had happened and she took a minute to catch her breath. She was breathing heavily. She said she had come from the showers and felt someone watching her. When she turned around she heard the door being pushed open.”
The perpetrator tripped and kicked her, resulting in bleeding around her mouth and on her knee. She grabbed a towel and fled.
Ntulo said they were unable to find the man and could not find any video footage on the security cameras, but they reported it to college management.
Investigating officer in the 2014 case Oscar Dada, a sergeant in the family violence, child protection and sexual offences investigations unit in Nyanga, earlier testified that the complainant had cried and was in shock when she gave a statement on the same day of the alleged attack.
Botha has pleaded not guilty to the attempted rape charge.
Defence attorney Kyle Petersen told the court he would submit his heads of arguments and an application for Botha to be discharged as there was “no evidence” to link him to the charge.
Prosecutor Xolani Ncobo said the state would oppose the application.
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