Byline: Nonjabuliso Nhlambo
27 August 2026
A 51-year-old senior prosecutor, Cleka Jim Poto, and 52-year-old Joseph Modise appeared before the Evander Magistrates’ Court on Wednesday, 26 August 2026, for judgment in their bail application.
The two accused are facing serious charges, including rape, sexual assault and crimen injuria, relating to an alleged incident involving a co-worker.
Modise, who is accused number two, faces the charges based on common purpose.
During their previous court appearance, the court had to secure a neutral prosecutor and magistrate to preside over the matter. The State had also indicated that it would strongly oppose bail for both accused.
During the bail proceedings, the State argued that Schedule 6 offences remain prevalent in the country and highlighted the declaration of gender-based violence and femicide as a national crisis.
The State further argued that accused number one knows where the complainant resides and that there was a possibility that he could interfere with State witnesses.
The defence argued that neither accused posed a flight risk, noting that both were willing to surrender their passports and report regularly to a police station if granted bail.
They further submitted that the accused have families who depend on them and would not interfere with witnesses or the investigation. The defence also maintained that releasing the men would not jeopardise the proper functioning of the criminal justice system.
However, during judgment, the court granted both accused R3,000 bail each, subject to conditions.
The conditions include that the accused:
- Do not communicate directly or indirectly with any of the witnesses.
- Do not commit any Schedule 1 offences.
- Hand their passports to the investigating officer.
The matter was postponed to 22 October 2026 for further investigations.
