Sifiso Mkhwanazi who is on trial for the murders of six sex workers at the Gauteng High Court sitting at Palm Ridge has been acquitted of one count of rape that was filed in 2021 and later withdrawn by the victim. Mkhwanazi spent months awaiting trial until the victim withdrew the case. On Monday, after the state closed its case, Mkhwanazi's defence filed an application to have the charges of rape and defeating the ends of justice dropped against their client.

Judge Cassim Moosa ruled that the state has proven its case. "In terms of Section 174 of Act. 51 of 1977, an accused may be discharged at the close of the case for the prosecution at any trial. The court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of, he may be convicted on the charge, it may return a verdict of not guilty". Mkhwanazi also applied to have seven rape charges and defeating the ends of justice be dropped. "With regards to the charges of rape, the accused has admitted to having sexual intercourse with all the seven women. However, what is in dispute is simply the question of consent."

Judge Moosa added that the accused submitted that he had consensual sexual intercourse with the complainant on count 1 which is the alleged sex worker who opened a rape case against him in 2021 but later withdrew the charges. "He also admitted to having consensual sex with the deceased. On the other hand, the state has submitted that with regard to the photographic evidence and the manner in which all the deceased were bound by the hands and feet and in some instances gagged, it is strong circumstantial evidence to prove that the accused used force or intimidation on his victims. Therefore, the sexual intercourse was non-consensual. Where there are multiple charges against the accused, the court may discharge the accused on one or more charges if there is no evidence on the relevant count upon on which the court could convict. I pause to mention that l have also carefully applied my mind to the evidence presented thus far on count number 13 which is the charge of defeating and obstruction the ends of justice." he said in his ruling. In his confession to his father after his arrest, Mkhwanazi said he was enraged by the rape accusation and even told his father that "I vouch for revenge" before allegedly going on a killing spree of sex workers. The trial will continue next week for heads of arguments and merits of the case.