Iain Wares, an 86-year-old former teacher accused of multiple child sex offences, has failed in his attempt to have his Cape Town case thrown out of court.
Iain Wares loses Cape Town court bid
Last week, the Wynberg Regional Court dismissed his Section 174 application, in which his lawyer argued that the State lacked sufficient evidence to prosecute.
The ruling means Wares will stand trial locally while also facing imminent extradition to the UK, where he is wanted on 74 charges of sexual abuse linked to his time teaching at Edinburgh Academy and Fettes College in Scotland during the 1960s and 1970s.
The South African case
The local case centres on a man identified as “Stephen”, who alleges Wares indecently assaulted him in 1988 while he was a pupil at Rondebosch Boys’ Preparatory.
Stephen, now 47, told the court that Wares touched him inappropriately and rubbed his body against him.
Stephen’s wife testified that her husband only revealed the abuse in 2022 after recognising Wares during a television programme.
She said:
“He pointed to the screen and said, ‘That’s my teacher — he abused me.’”
Magistrate Vanessa Miki ruled that the evidence provided by Stephen and other witnesses was credible and strong enough for the case to proceed, rejecting the defence’s claim that the testimonies lacked reliability.
The trial will continue on 14 October 2025.
Extradition to the UK
Alongside his South African trial, Wares is awaiting extradition to Scotland, where prosecutors allege he abused dozens of boys while working as a teacher and football coach more than five decades ago.
South Africa’s High Court and the Ministry of Justice have approved his extradition on three of the seven charges brought locally, with the others deemed too old under South African law.
The Ministry has stated it will “vehemently oppose” any further appeals from Wares’ legal team.
The charges in the UK stem from complaints by 42 former pupils, most of whom are now in their 60s.
Among them is BBC presenter Nicky Campbell, who has spoken publicly about the abuse he says he suffered at Edinburgh Academy.
Reactions from child protection advocates
Women and Men Against Child Abuse (WMACA) welcomed the court’s ruling. Founder Miranda Jordan said the group is hoping for a guilty verdict:
“We look forward to hearing the closing arguments on the 14th of October and also look forward to a conviction.”
If Wares is convicted in South Africa, his extradition to Scotland will still go ahead.
The Crown Office in the UK has confirmed that he faces a full trial on the 74 charges once returned.