The Pretoria Magistrate's Court has ruled that Nicholas Ninow is fit to stand trial and has postponed his case to 5 March.
Ninow is accused of raping a seven-year-old girl in the bathroom at a Dros restaurant in Silverton, Pretoria, last September.
The rape accused has been in Weskoppies Psychiatric hospital for a month.
Ninow's lawyers argued that he was diagnosed with bipolar disorder in 2013 and has been using drugs since he was 14.
However, a psychiatric report by three psychiatrists and psychologist has found that Ninow is fit to stand trial.
Lawyer William Booth says the psychiatric team determined that the accused knew what he was doing at the time of the incident.
Booth says Ninow's legal defence can still object to the finding and present its own evidence on his criminal capacity.
If Ninow is convicted of rape, he could be sentenced to life imprisonment, Booth explains.
The trial will resume on 5 March.
They had to find that... he could distinguish between right and wrong.— William Booth, Lawyer
At the time, it could be said that he knew what he was doing.— William Booth, Lawyer
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