Victim’s family shocked after charges dropped against accused rapist

THE family of 70-year-old Nomaindia Tom say they have been left in the dark following the State's decision to drop charges against her accused rapist, an SANDF member.

Tom died last week after lodging a rape complaint with the SAPS in June last year.

She alleged that she was raped in the Siyahlala informal settlement in Philippi by a member of the army.

The case has brought into sharp focus the DNA backlog at forensic labs, which now exceeds 300 000 cases.

It is estimated that there is an average of four samples per case, about 1.2 million samples, waiting to be analysed.

National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said Tom was the only witness in the case.

“Charges were withdrawn against the accused last week. DNA analysis was requested but was not yet available due to the backlog,” Ntabazalila said.

Tom's brother Zilindile Kuku was shocked to hear of the development yesterday. He said the family was still waiting to hear from the State, with the last update being that DNA evidence was outstanding.

“We were still waiting for DNA evidence. I am surprised to hear about this, I am waiting to hear from the prosecutor who was handling the case,” he said.

SANDF spokesperson Siphiwe Dlamini said the accused member was suspended during the legal court process.

“Should the member be found guilty, it is the gravity of the case and sentence (that) determines automatic dismissal or otherwise,” said Dlamini.

SA Human Rights monitor Zona Morton, who assisted Tom in ensuring that the process at the police station went smoothly, said she was appalled that the DNA backlog contributed to the withdrawal of the case.

“The attitude of the NPA is an absolute insult to the dignity of women and children in South Africa,” Zona said.

The Parliamentary portfolio committee on police noted that the utilisation of only 50% of personnel, resulting from staff rotation due to Covid-19 pandemic, had contributed to the backlog.

DNA for Africa regional director Vanessa Lynch said that in Tom's case, DNA evidence could and should still be processed so that the crime scene evidence collected from the victim could be entered into the national DNA database.