The case against a Khayelitsha couple accused of the rape and murder of seven-year-old Lolitha Kowa has been postponed to next week for verification of a new residential address after their Kuyasa home was allegedly set alight.

Odwa Jack and his girlfriend, Nokuthula Matyesini, appeared in the Khayelitsha Magistrate’s Court on Friday morning, where the State confirmed its intention to oppose bail.

The pair was arrested on July 23, hours after Lolitha’s body was discovered about 1.5 kilometres from her home.

The child had gone missing the previous day after telling her family she was going to play with Matyesini’s daughter.

Her body was later found dumped in another section of Kuyasa.

A screwdriver was lodged in her head, her stomach was bloated, and a sock had been stuffed down her throat.

The prosecutor told the court that both accused face a Schedule 6 charge, the most serious category of offences under South African law, which includes premeditated murder and requires exceptional circumstances for bail to be granted.

He detailed Jack’s criminal history, submitting that the State now had access to his full bail profile.

“Odwa Jack has four previous convictions,” he said. “In 2016, he was convicted of robbery with aggravating circumstances and received a five-year suspended sentence. In 2022, he was convicted twice – once for being in possession of drugs, and another time in Mitchells Plain for being in possession of a stolen motor vehicle. He was also convicted in 2015 for selling liquor without a licence. He has no outstanding warrants or pending matters.”

The prosecutor said Matyesini had no current convictions, pending cases, or warrants, but added: “She was arrested and charged with assault with the intent to cause grievous bodily harm in 2013. That matter was subsequently withdrawn.”

He informed the court that, following consultation with the investigating officer, the State would oppose bail.

He also confirmed that the couple’s home had been torched following their arrest, and this formed part of the State’s opposition, as it meant that they were a flight risk because they had no place to stay.

In response, the defence said the accused now have an alternative address and requested the court to allow time for the new location to be verified and assessed for safety and community acceptance.

The matter was postponed to August 8 for this process to be completed.

Outside the court, hundreds of community members expressed anger and sorrow over the murder.

Cape Organisation for the Democratic Taxi Association (Codeta) chairperson Thobile Ndwalaza said Jack had been banned from driving their vehicles.

“We are going to start screening new drivers because of what happened. Even if Odwa came out today, he will never touch our vehicles again. We are very shocked by this incident – it has us on high alert,” he said.

Harare Community Police Forum chairperson Mthetho Mahomba condemned the accused in strong terms.

“They have demonstrated that they are not human beings, and we now regard them as animals. We don’t have space for them in our community – animals belong in the zoo. This is all because of the brutal and inhumane manner in which they killed her.”

Community activist and CPF member Funeka Soldaat called for consistent action against gender-based violence beyond high-profile cases.

“We are grateful that communities are supporting each other and mobilising, but we must do this daily and not only when something shocking happens. We need to return to the values we were taught growing up. It can’t be that women are protecting men. The accused could have gone to the community and reported the boyfriend instead of protecting him.”

The community is expected to return to court next week when the bail matter resumes.

mandilakhe.tshwete@inl.co.za 

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