12 Nov 2025

Wabile Mohlomi (30), one of the three men accused of rape says the authority to grant him bail lie in the hands of the victim.

The trio of Mohlomi, Phenyo Khubitla (19) and another 17-year-old are accused of raping a 13-year-old girl at Kgoro on July 11, 2025. Therefore, Mohlomi has demanded the presence of the victim during his bail application.

Appearing before Lobatse Magistrates Court’s Senior Magistrate, Mr Tshoganetso Atamelang for status hearing on November 10 Mohlomi, said his demand was not followed, the presiding magistrate must recuse himself from handling the case.

His reasoning was that the magistrate has no authority to grant them bail as such powers were in the hands of the rape victim. Mohlomi alleged that failure to avail the victim for their bail hearing would be tantamount to denying them bail.

“You are the one refusing to grant us bail, therefore you must recuse yourself from presiding over these case,” said Mohlomi.

The second accused Khubitla, equally pleaded with the court to grant bail, so that he can engaged an attorney. He was of the view that he was not confident enough to self-represent his case, therefore urging the court to attach stringent conditions on his bail release.

The third accused person, who is under the maturity age of 18 years concurred with his co-accused, Khubitla that granting him bail would allow him time to engage an attorney.

Responding to his request to engage legal representation, magistrate Atamelang ordered that he be allocated counsel services through Legal Aid underscoring that since he was under age at the time of committing the offence, he was entitled to legal representation as provided for in the Children’s Act.

In response to the first and second accused persons, Mr Atamelang said the court operated within parameters provided for by law, therefore the Bail Act of 2024 detailed the rights of the accused individuals and the conditions under which bail may be granted or denied.

Mr Atamelang equally said the court has the right to protect the rights of the minor victim taking into account the trauma she suffered during the ordeal. He brought to their attention that if an elderly rape victim could break down in court during a bail application hearing, the situation could even be worse for a minor.

“She is a minor, therefore it will be irresponsible of me to subject her to such trauma of having to stand in the box listening to your bail application. I am unapologetic about my decision. She will only come during trial,” he said.

The trio were further remanded in custody and will appear before court for another mention December 3. ENDS