n Law, Democracy & Development - "He's out again" : the role of the prosecutor in bail for persons accused of sexual offences

Volume 5, Issue 1
  • ISSN : 1028-1053
  • E-ISSN: 2077-4907



During July and August I 997, the South African public was shocked by media reports on the discovery of the body of Mamokgethi Malebana, a seven year old girl from Katlehong on the East Rand. An alarming train of events preceded this gruesome find. In November 1996, Mamokgethi's mother had laid charges against a neighbour of the family, one Daniel Mabote, for allegedly raping the seven-year old girl.

Mabote was accordingly arrested, and on his appearance in the Germiston regional court, he repeatedly applied to be released on bail. On two occasions, he was refused bail because of his threats of retaliation against the daughter and her mother for reporting him. His third bid for bail, however, was successful: he was granted bail to the amount of R2 000 after the prosecutor had indicated that he had no objection against the granting of bail. The accused paid his bail and was subsequently released.

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