Sifiso Mkhwanazi, who is accused of killing sex workers, will appear at the Joburg High Court sitting in Palm Ridge on Wednesday, 28 February.
Last week, Mkhwanazi was acquitted of count one of rape.
Judge Cassim Moosa handed the ruling at Joburg High Court sitting in Palm Ridge, Ekurhuleni, on Wednesday, 21 February.
"I have duly applied my mind in authorities supplied by the defence counsel. 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 which the court could convict.
"I pause to mention that I have carefully applied my mind to the evidence presented thus far to count 13, which is of defeating the ends of justice. I'm reminded of the function of a court.
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"Having carefully considered the totality of the evidence before me and the interest of justice. I am of the view, having exercised my discretion and of the opinion that there is sufficient evidence before this court upon which a reasonable court acting carefully may convict the accused on certain of the counts.
"Having read the documents filed on record, heard counsel, and having considered this matter, the following order is made. It is ordered that the accused be granted a discharge on count one of rape. He is accordingly found not guilty," Moosa said
The Judge said the application for discharge on counts 2, 5, 8, 11, 13, 14 and 17 was refused.
The first count related to the 2021 case that saw him spend ten months behind bars after a sex worker opened a case of rape against Sifiso.
Mkhwanazi's lawyer, Advocate Vuyo Maqetuka, said the complainant of count one withdrew the case previously because she was not interested
"The reason why she couldn't be traced or be found is because she didn't want to be found. The accused should be acquitted on the count one of rape," he said.
"Having carefully considered the totality of the evidence before me and the interest of justice. I am of the view, having exercised my discretion and of the opinion that there is sufficient evidence before this court upon which a reasonable court acting carefully may convict the accused on certain counts.
"Having read the documents filed on record, heard counsel, and having considered this matter, the following order is made. It is ordered that the accused be granted a discharge on count one of rape. He is accordingly found not guilty," Moosa said
The Judge said the application for discharge on counts 2, 5, 8, 11, 13, 14 and 17 was refused.
The first count related to the 2021 case that saw him spend ten months behind bars after a sex worker opened a case of rape against Sifiso.
Mkhwanazi's lawyer, Advocate Vuyo Maqetuka, said the complainant of count one withdrew the case previously because she was not interested.
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