Nearly a year after convicted child rapist Benaibiayan Lutonaido was granted bail pending appeal, there is still no clarity on the status of the case or why he remains free, raising serious concerns about accountability within the justice system.
Lutonaido was found guilty in October 2024 and sentenced shortly thereafter to 15 years’ direct imprisonment. However, on 24 April 2025, the matter appeared in the Mitchell’s Plain Regional Court (Sexual Offences Court), where leave to appeal was opposed, yet bail was granted pending the finalisation of the appeal process. He was released on R2 000 bail.
The victim in this case, whom we refer to as Violet to protect her identity, was just 12 years old when she was raped by her uncle on 6 July 2019.
From the outset, the case was plagued by unnecessary delays. Since it was first heard in April 2022, the matter was postponed more than 21 times. Faulty technical equipment at the Mitchell’s Plain Sexual Offences Court caused repeated disruptions. Once those issues were resolved, the case was further delayed by prolonged difficulties in securing a French interpreter, a challenge that persisted for more than a year. As a result, closing arguments could only be heard in June 2024.
For Violet and her family, the road to conviction was long and exhausting. After years of delay, a guilty verdict and a 15-year sentence finally brought a measure of justice.
In May 2025, Action Society formally wrote to the National Prosecuting Authority, questioning how a convicted child rapist could be released on bail under these circumstances and requesting clarity on the State’s position and the way forward.
Nearly a year later, no response has been received.
“We raised these concerns almost a year ago, and we are still waiting for answers,” said Juanita du Preez, Operational Manager at Action Society.
Action Society’s most recent correspondence again raises urgent questions about the status of the appeal, whether the matter has been enrolled in the High Court, and what steps are being taken to ensure the case is finalised.
According to the organisation’s letter to the National Prosecuting Authority, there appears to be no visible progress or communication regarding the appeal process, with the matter no longer active at Regional Court level and dependent on High Court processes.
Despite this, neither Violet’s family nor Action Society has been able to obtain any meaningful update on the status of the appeal.
“For Violet, this case has not ended. It has simply stalled,” du Preez said.
“She waited years for justice. Now she is left waiting again, while the man convicted of raping her walks free.”
Action Society warns that cases involving vulnerable victims cannot be allowed to drift into administrative silence.
“When there is no communication, no urgency, and no accountability, it creates the impression that cases like this are simply being forgotten,” du Preez added.
“That cannot be allowed. Not in a case involving a child. Not after a conviction and a 15-year sentence.”
The organisation has called on the National Prosecuting Authority to urgently provide:
- Clarity on the current status of the appeal
- Confirmation of whether the matter has been enrolled in the High Court
- Details on whether the record of proceedings has been completed
- An indication of what steps are being taken to ensure the expeditious finalisation of the case
Action Society has requested a formal response within seven days and has committed to continue monitoring the matter closely.
“This case must not disappear into the system,” du Preez said. “Justice delayed at this stage is justice denied.”
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