Rape bail application ruling delayed
29 September 2020 | Justice
The bail ruling of Johannes Kativa (38), who stands accused of raping a 31-year-old teacher from Guma village in the Kavango East Region, has been postponed to next month after his lawyer failed to provide submissions on time.
Magistrate Sonia Samupofu was expected to give her ruling last week in the Ndiyona Periodic Court, however, due to the absence of submissions by Kativa's lawyer, Beatrix Bianca Boois from BB Boois Attorneys, she remanded the matter to 26 October.
Kativa stands accused of raping the mother of two from Guma village on 30 July. However, he was only arrested on 4 August.
In her testimony during the bail application, the victim told the court she was “very drunk” and has no recollection of what happened, but was informed about the alleged rape by her son and a neighbour.
Party goes south
Prior to the alleged rape, the victim said she and her colleagues were having a party at the school she teaches at and she consumed alcohol, something she does occasionally.
She was in an especially jovial mood after receiving her results from the University of Namibia. They were also celebrating the birthdays of teachers who were born between January and July, and who were unable to host festivities because of the Covid-19 regulations, the victim said.
Her last memory of the night was being offered a lift by a colleague and she said she does not remember seeing Kativa at the party.
She added the accused had never courted her before, saying she would have rejected him.
Meanwhile Kativa, who is a father of six, told the court that on the evening of 30 July, he was invited to the school by a teacher who wanted him to deliver more alcohol.
He further testified that although the victim was under the influence of alcohol, she consented to having sex.