Cape Town - The Wynberg Regional Court has dismissed an application by convicted killer Luyanda Botha to be acquitted of the attempted rape of a nursing student.
Botha recently returned to court, where he is on trial for attempted rape allegedly committed in 2014 – prior to raping and murdering UCT student Uyinene Mrwetyana in 2019.
In the Wynberg Regional Court yesterday, magistrate Anthea Ramos dismissed his application to be acquitted as the State closed its case in the ongoing trial.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said Botha was now expected to take the stand in his own defence.
“The Section 174 application of Luyanda Botha was declined by the court and the case has now been postponed to August 2 and August 6.
“On August 2 he will take the stand and testify. After that we will continue with our cross-examination.
“The emphasis is that there is a case for him to answer and that is why his application for the case to be thrown out of court failed.”
The Post Office employee was thrust into the spotlight in 2019 after he was arrested for killing 19-year-old student Mrwetyana at the Clareinch Post Office in Claremont in August that year.
At the time, court documents revealed that the teenager had purchased clothing online and the parcel was due for collection at the post office.
She had made inquiries on August 8 and was assisted by Botha, who allegedly told Mrwetyana that the parcel was not ready for collection and that he would contact her when the parcel arrived.
The indictment further stated that Mrwetyana was raped twice, her body hidden inside the safe of the post office, and then later dumped and doused with an accelerant before being set alight.
Botha later pleaded guilty to two charges of rape and murder and was subsequently sentenced to three life sentences by the Western Cape High Court.
mahira.duval@inl.co.za
Cape Argus