A man who spent years behind bars for raping his ex-wife has been released after the North West High Court overturned his conviction, finding that he was falsely accused.
The man, identified only as PS, had been convicted by the Potchefstroom Regional Court on charges of rape, kidnapping, and intimidation, and sentenced to 10 years in prison.
At the time of the alleged incident, PS and his wife were separated but still legally married, each living at their parental homes. PS attended a traditional ceremony at his wife’s family home after she invited him. Later that evening, she asked him to drive some guests home using her car and accompanied him on the final trip.
While alone, PS tried to discuss reconciling their marriage. However, his wife rejected the idea, telling him she had moved on with someone else. According to court papers, PS reacted emotionally, and the woman later accused him of threatening and raping her.
She reported the incident to her mother the following day, and the pair went to the police. A medical examination revealed no visible injuries or gynecological abnormalities, though a nurse noted a vaginal discharge.
Despite this, the trial magistrate found the woman to be an honest witness with no motive to lie. The court also rejected testimony from PS’s sister, who said she discovered a text message on the wife’s phone indicating her plan to falsely accuse her husband. The magistrate dismissed the sister’s account on grounds that she disliked the complainant.
PS appealed the conviction, arguing that the regional court failed to apply the cautionary rule when assessing a single witness’s evidence and ignored key contradictions in testimony.
Judge Ronald Hendricks, who presided over the appeal, noted inconsistencies between the wife’s and her mother’s versions. The wife never told her mother about any bleeding, yet her mother


