Witness corroborates evidence of sexual assault survivor
On day two of the trial of attorney Vuyo Mtati, who is accused of sexually assaulting Adv. Mpho Rasivetshele, the state’s witness corroborated the complainant’s version of events. Mtati allegedly groped Rasivhetshele, a former evidence leader of the Zondo Commission on state capture, on the evening of 7 December 2019 at a social gathering. She filed a criminal complaint against the accused, but the National Prosecuting Authority (NPA) initially decided not to prosecute. It was then that she approached AfriForum’s Private Prosecution Unit.
The unit made representations to Adv. Andrew Chauke, the Director of Public Prosecutions in Gauteng (DPP), in October 2021 because no criminal proceedings had been instituted against the acting judge at that time. The DPP’s office in February 2022, in a letter to AfriForum’s Private Prosecution Unit, indicated that, after receiving the representations, they would prosecute the accused.
Rasivhetshele testified that on the day of the party, Mtati repeatedly pestered her and made inappropriate comments. On two occasions she approached other people at the party to complain about his conduct. Despite this, he later allegedly grabbed her vagina from behind when she walked past him.
Adv. Phillip Mahlatsi was the first person Rasivhetshele complained to on the night. “Mpho came to me and told me Mtati was pestering her, making advances and he was saying that she is going to be his girlfriend. I could see that she was not happy about the situation. I went to Mtati and I told him there is a complaint. I said, ‘please desist’,” he said.
Mahlatse further testified that Rasivhetshele complained to him as well as the host of the party for a second time about Mtati’s conduct. He says it was after this that Mtati was asked to leave the party. Mahatse was under the impression Mtati had left the party. “All of a sudden the music was switched off and Mpho was hysterical, crying and swearing at Mtati saying that he touched her. I can’t recall exactly what she said, but the impression was that he touched her private parts. We had to ensure that Mtati must leave. He left,” said Mahlatse.
The prosecutor asked Mahlatsi how Mtati responded when he was asked to leave earlier in the evening after Rasivhetshele complained about his conduct. “He was aware. He never denied what he did, which is why he agreed to leave,” he said.
Mtati pleaded not guilty to the charge. His counsel told the court he will testify that he did not touch Rasivhetshele in the manner alleged.
The unit is pleased that Rasivhetshele has had an opportunity to tell her story to a court, and that the trial has finally got underway.
The trial resumes on 3 November 2022.
