Luyanda Botha seeks discharge on attempted rape charge

A former nursing student in Cape Town on Friday described how he encountered a woman weeping and out of breath after fleeing a man she believed wanted to rape her, later identified as former postal worker Luyanda Botha.

This was five years before Botha raped and murdered student Uyinene Mrwetyana in Claremont.

Botha, while visiting a friend at the nursing college in June 2014, is alleged to have attempted to rape the student when he encountered her in the bathrooms, but she was able to evade him.

Abongile Ntulo, who attended the same nursing college as the complainant in Athlone, told the Wynberg magistrate's court he returned to his residence with Siphamandla Zibekile, who testified last Friday. 

As they walked upstairs towards their dormitory, they saw a woman crying and 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.”

As she fled, the only thing she could grab was a towel, she said. The perpetrator tripped and kicked her, resulting in bleeding around her mouth and on her knee.

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.

Prosecutor Xolani Ncobo said the state had no further witnesses and closed their case.

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.

Ncobo said the state intends to oppose his application.

The case has been postponed to July 8.

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