The rape case against Orlando Pirates player Benedict ”Tso” Vilakazi was postponed on Wednesday for a day by the Johannesburg Regional Court.
This was after his lawyers asked for time to bring an urgent application at the high court to review the regional court’s decision to go ahead with the trial.
Magistrate Naomi Manaka said the proceedings will continue on Thursday, pending the outcome of the high court application.
”If there is no court order, the case commences tomorrow [Thursday] at 9am,” she said.
Vilakazi’s lawyers had earlier on Wednesday asked the regional court either to postpone the case to January 16 next year or strike it off the roll ”due to insufficient evidence”.
Vilakazi’s lawyer, Stan Fanaroff, said continuing with the proceedings would jeopardise his client’s chances of getting a fair trial and would also make it ”impossible” for him to advise him on the merits of the case.
He said his team had not been able to prepare its defence as the case docket was incomplete.
Vilakazi (23), a former Bafana Bafana striker, is accused of raping a 15-year-old girl at her aunt’s home in Rosettenville, southern Johannesburg, in January this year. It is alleged that Vilakazi had asked the girl if he could use the bathroom and while there, called her in and raped her.
The court heard on Wednesday that the victim is five months pregnant and that the state intends to use DNA from the baby once the child is born in October.
Fanaroff said by postponing the case to January, the state would be able to complete its investigation.
”I cannot conduct defence in absence of complete information,” said Fanaroff, adding that his client cannot be tried in stages.
Under the Criminal Procedure Act, once the trial had started the state cannot continue introducing further evidence.
He said that since his client faces life imprisonment if found guilty, the issue of the child’s paternity is a ”pivotal” issue in the case.
In rejecting the defence application, Manaka said it is in the best interests of justice and the complainant that the case proceed.
”A prima facie case existed before the issue of DNA was introduced. DNA is just one part of the evidence relevant for the commencement of this matter,” said Manaka.
She said because the case involves a minor, the court has to adhere to the Constitution, which states that ”a child’s best interest are of paramount importance in every manner”.
Vilakazi, who has not been asked to plead, is currently out on R10 000 bail.
The state is expected to file an application that the court proceedings be held in camera.
Prosecutor Betty Khumalo said the girl has suffered a lot of stress due to the high-profile nature of the case.
She said it is in the best interest of the minor that the matter be dealt with ”speedily”. — Sapa