The controversial case against a Melkbosstrand couple accused of rape, kidnapping and human trafficking has been provisionally withdrawn in the Atlantis Magistrates’ Court, with the National Prosecuting Authority (NPA) awaiting outstanding reports before deciding whether to proceed.
The matter was withdrawn on Wednesday 30 July, almost two years after the couple was arrested on 31 October 2024.
NPA spokesperson Eric Ntabazalila told TygerBurger today that the withdrawal does not necessarily mean the end of the case.
“Please note that the charges against the accused were provisionally withdrawn pending outstanding reports,” Ntabazalila said. “The NPA will decide whether to reinstate the charges after receiving and studying the reports.”
The couple, who have maintained their innocence throughout the proceedings, spent nine months in custody following their arrest.
Their attorney, Leon van der Merwe, director at Liddell, Weeber & Van Der Merwe Attorneys in Wynberg, said outside court, his clients were “reasonably relieved” by the withdrawal.
“My clients have maintained their innocence from the beginning,” he said.
Van der Merwe described the withdrawal as an “expected outcome”.
The couple were not present in court when the matter was provisionally withdrawn. According to Van der Merwe both were currently abroad for business purposes, as they had businesses overseas.
Nine months in custody
The case dates back to October 2024, when the couple, then aged 38 and 46, were arrested following an investigation into allegations made by a 26-year-old former employee.
The woman alleged she had been held and sexually exploited as a “sex slave” for several months.
According to the original investigation, the woman had allegedly been offered an employment contract to work for the couple overseas. The Hawks said at the time she was allegedly raped and sexually exploited after arriving.
The arrests followed a multidisciplinary investigation involving the Hawks, the police’s K9 Unit, Melkbosstrand police, the Department of Social Development and the Department of Health.
The Hawks previously said the woman had managed to escape and report the alleged exploitation.
The couple disputed the allegations and produced an employment contract which, according to their attorney, provided for the complainant to receive R100 000 per month. The allegations remain unproven.
Children separated from parents
The couple’s two young children were also removed from their care following their arrest and placed with foster carers.
Bail was initially refused by the Atlantis Magistrates’ Court, but the Cape Town High Court later granted the couple bail of R50 000, after which the children were reunited with their parents.
Van der Merwe said the family had experienced a difficult period as a result of the case.
“It is tragic. They were in custody for nine months, their children were taken from them and placed in an orphanage in Mitchells Plain. The children were reunited with their parents only after bail was granted.”
At a subsequent appearance in May, all the couple’s bail conditions were scrapped. The couple was also not present at the previous court appearance because they were in Dubai for business reasons.
Family forced to rebuild
Van der Merwe said, although the family was doing well the case had taken a significant toll on them and their businesses.
“The case was terribly bad publicity for them. Their businesses have been affected. It is now a matter of starting over for them.”
He said the couple would first consider their options before providing him with further instructions regarding any possible steps they may wish to take.
While the charges have now been provisionally withdrawn, the NPA has indicated the matter could still continue. The prosecution will first await the outstanding reports and assess them before making a decision on whether the charges should be reinstated.
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