Iain Wares: The fight to prove innocence amid serious sexual abuse allegations

Former SA teacher, Iain Wares, who is wanted by UK authorities on 76 counts of sexual assault of young boys, must prove his innocence beyond a reasonable doubt.

This, after the State closed its case and following a failed Section 174 application last week to have a Cape Town case against him discharged.

It is unclear whether Wares will be taking the witness stand in October in his own defence or how many witnesses are expected to be called.

Last week, Wares heard that his application for a discharge, arguing that the State did not have enough evidence for a successful prosecution, was unsuccessful in the Wynberg Regional Court.

Magistrate Vanessa Miki said the State had enough evidence to proceed with the matter and the evidence could not be rejected.

Wares’ lawyer, Ben Matthewson, will now prepare for the defence's case, which is expected to start on October 14.

The local case involves a male victim who came forward after nearly four decades.

Wares has since pleaded not guilty to the charge of indecent assault.

Wares is also appealing his extradition to Scotland where he is supposed to face his alleged crimes abroad, arguing for the Extradition Act to be declared inconsistent with the Constitution.

According to Women and Men Against Child Abuse (WMACA), Wares taught at various schools in South Africa and the UK, such as Western Province Preparatory School between 1963 and 1966, Edinburgh Academy in 1968, Fettes College in 1973/1977-1979, and Rondebosch Boys’ Preparatory between 1980 and 2006 before retiring in 2006. 

He was arrested in 2019. 

WMACA said they were appealing for Wares to face extradition.

"Public attention surged after BBC Radio's 'In Dark Corners' podcast and MP Ian Blackford named Wares in Parliament, revealing over 84 survivors. The Scottish Child Abuse Inquiry found significant institutional failures at schools like Edinburgh Academy and Fettes College, which have paid compensation," they said.

“Wares was arrested in 2019 following a UK extradition request. In 2024, the Western Cape High Court upheld extradition on three charges, while the Minister of Justice signed the order.

"However, a consolidated 'Warrant 4' submitted in October 2024, covering over 80 charges and 40 victims, has received no official response from the Department of Justice.

“The WMACA and survivors demand Wares' immediate arrest and extradition, citing the Department of Justice's administrative silence as a mockery of justice."

The local case involves a victim, dubbed “Stephen”, who took the witness stand last year where he told of the indecent assault Wares allegedly inflicted on him while he was a learner at Rondebosch Boys’ Preparatory during 1988.

Wares initially made a written affidavit of admissions to having inappropriate urges to touch boys and to sexually abusing them but it was retracted with the claim that he had been ill-advised by lawyers to make the statement. 

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