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Gauteng Deputy Speaker fails in bid to get off the hook

The Johannesburg Magistrates Court has dismissed an application for a discharge by Vuyo Mhlakaza-Manamela, the Gauteng Legislature’s Deputy Speaker. The ANC politician is on trial on charges of assault and crimen injuria for allegedly attacking police Protection and Security Services (PSS) officer Sergeant Lizzy Mojapelo. The alleged assault took place in February 2020 at the home of Mhlakaza-Manamela and her husband, Bhuti Manamela, Deputy Minister of Higher Education.

When the state closed its case, after calling Mojapelo and four other witnesses, the defence brought an application to have the accused discharged in terms of S174 of the Criminal Procedure Act.

Today, in her judgment, the magistrate said the essence of the case by the defence was that there were material discrepancies in Mojapelo’s evidence. Advocate Laurence Hodes had argued that her evidence was of such a poor quality that the only way the state would secure a conviction against his client, was if Mhlakaza-Manamela incriminated herself. This argument was rejected. The magistrate said all the evidence should be looked at as a whole, which included the testimony of four other state witnesses. She dismissed the application.

AfriForum’s Private Prosecution Unit’s spokesperson Barry Bateman said this was a significant development in the case. “We have maintained that Mhlakaza-Manamela has a case to answer. We are unsurprised and pleased that a court agrees with us and we look forward to seeing the case presented by the defence.”

The matter was postponed to 17 November.

BACKGROUND

Mojapelo approached AfriForum’s Private Prosecution Unit after the NPA chose not to pursue the case. The matter was withdrawn in 2021 after senior prosecutors allegedly told Mojapelo that the matter would be difficult to prosecute because the suspect is a very high-profile person.

The unit made representations to the NPA on behalf of Mojapela, and in June last year, the Gauteng Director of Public Prosecutions informed the unit that it had reviewed the earlier decision and will re-enroll the case against Mhlakaza-Manamela.

Mojapela testified that the accused arrived home in the early hours of the morning, carrying two bottles of what appeared to be vodka. She explained to the court how she was severely assaulted by the accused after being accused of sleeping on duty.

A medical examination confirmed that Mojapela sustained multiple injuries, and confirmed she was 11 weeks pregnant at the time.

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