State accuses defence of stalling DIS Director-daughter rape case
Larona Makhaiza | Thursday October 30, 2025 08:32
The DIS agent (names withheld) is alleged to have sexually assaulted his daughter (names withheld) between March 1st and 31st this year on numerous occasions.
He is alleged to have assaulted the child in their Block 10 homestead.
Appearing before Regional Magistrate today, the agent represented by Blessing Davedi moved an application to augment reasons for bail before the ruling is delivered.
With the status update scheduled to debate whether it’s proper to augment bail reasons pending bail ruling, Davedi said it is well within their jurisdiction to do such.
“In any proceeds whether civil or criminal a magistrate can amend any submission and an amendment is available before the judgment or ruling in this case,” Davedi said.
The defence further said it is well within their rights to augment grounds for bail based on the acts of the Magistrate’s Court.
“We are also fortified by rule two of this court as when application is opposed, the court may order the filing of affidavits and bail application was opposed so the court may order that the affidavit be filed,” he said.
Additionally, Davedi stated that the court could make any amendments to the case at any stage of proceedings. He highlighted that undertaking this route will not prejudice anyone.
Opposing the idea of giving the defence a grace period to augment their bail reasons, state prosecutor Mmapatsi Tshimologo said it is not proper to do such.
“It is our view that the whole issue is pending the ruling and that is what we expect,” Tshimologo emphasised.
Moreover, Tshimologo said the defence is just trying to pull delay tactics to impede progression of the case.
“If we go back I fear that we will never have any finality with this case at all and this will be a pattern in this case because we will always go back on one thing,” he said.
Rather, Tshimologo offered advice to the defence stating that instead of delaying the ruling they can always appeal which the court allows.
“The ruling has to be delivered and counsel has an opportunity to appeal this if the ruling goes against him. This will not be the end of the story they can still appeal,” he said. In the end, Tshimologo said the decision lies with the magistrate despite the back and forth between the state and defence.
Presiding Magistrate, Mareledi Dipate is set to deliver a ruling on the matter on November 5th at 2pm while the accused was further remanded in custody. The case continues.