Durban – A man accused of raping a 74-year-old Pietermaritzburg woman walked out of court a free man after a bungle by the authorities.

The 28-year-old man was arrested for rape and robbery on a Saturday, which meant he had to be brought before a magistrate within 48 hours of arrest, reported the Daily News.

For some reason though, the man – who was not identified – was not brought to court on Monday and only appeared in court on Tuesday, leaving the magistrate on duty with no choice but to set him free.

Prosecutor Zandile Ndimande said she didn’t know why the man was not brought to court on Monday and a police spokesperson was also at a loss to explain the blunder.  

A women’s right activist said she was shocked and appalled at the inefficiency which saw the suspect go free.

“This is not just, this is not fair and this is not democratic,” said Annie Shaw.

“This poor woman has been violated in the worst possible way and has literally been raped of all her constitutional rights, and yet the law only recognises the rights of the accused.