51-year-old man convicted for raping stepdaughter loses bid for bail pending appeal

A 51-year-old man serving a life sentence for raping and sexually assaulting his stepdaughter will remain behind bars after the KwaZulu-Natal (KZN) High Court in Durban dismissed his bail bid, pending appeal. Sibongiseni Welcome Banana was found guilty in the Scottburgh Regional Court of one count of rape and two counts of sexual assault just over a year ago. He received a life sentence for the rape conviction and an additional seven years’ imprisonment for sexual assault.

Following the judgment, Banana lodged an appeal against both his conviction and sentence. He also sought bail while awaiting the outcome of that appeal, but the regional court refused his application. In his appeal, Banana argued that the lower court had erred in refusing him bail.

His legal team claimed the trial court had improperly relied on the “corroboration” of witness evidence. They further argued that the conviction was based on the testimony of a single child witness and that the magistrate failed to apply the necessary cautionary rule. Banana also placed his personal circumstances before the court, stating that he is a 51-year-old businessman earning between R60 000 and R80 000 per month.