Newly appointed Eastern Cape administration head, director-general (DG) Dr Loyiso Mbabane, could not hold his tears when the East London Magistrate’s Court denied him bail.
Mbabane, accused of raping a relative, was arrested on Friday after a case was opened the day before. He officially took up the DG position on January 5.
His bail application started on Monday and culminated in Magistrate Merwin Meyer yesterday saying it would not be in the interest of justice to release him as he might interfere with witnesses believed to be relatives.
Mbabane, who was set to earn more than R1.7-million a year from the DG job, is expected to be held at the East London Prison on West Bank until his next court appearance in 54 days’ time on March 24.
The state asked for a postponement for further investigation.
Yesterday the courtroom went quiet when Meyer gave his judgment as Mbabane supporters, including his partner, wept. He was given a brief moment to chat to them before being whisked away.
The complainant in the case – who cannot be identified as she has alleged sexual abuse – is related to the DG and had been staying in a flat belonging to him.
She told investigators the abuse started 10 years ago at their rural homestead when she was just 15.
The Daily Dispatch yesterday reported allegations that Mbabane’s family tried to bribe the complainant into dropping the charges.
Investigators said she also came under pressure from some family members to withdraw the charges.
Delivering his ruling yesterday Meyer said Mbabane’s right to personal freedom had to be weighed against the interests of justice and rights of the complainant.
“We have a woman who was in your care and whom, according to the evidence, you have sexually abused for over 10 years.
“She has complained to family members in the past.
“But it is clear she was particularly vulnerable because she was orphaned and dependent on your care.
“There is a likelihood that you would influence the witnesses because you have done that before,” Meyer told a teary Mbabane.
The court found that none of Mbabane’s personal circumstances, including his top administration position in the Eastern Cape government, constituted “exceptional circumstances” which warranted bail being granted. “There are people who come before the courts wanting to be released on bail.
“They are also gainfully employed, they have high positions either in government or elsewhere, and there’s nothing exceptional in the circumstances that presented,” the magistrate said.
Meyer added that he realised many people would “suffer” as a result of Mbabane’s incarceration, while the effects of being kept in custody through numerous postponements of a trial would “to a large extent destroy the lifestyle that you have”. However, he found that it would not be in the interest of justice if he granted the top administrator bail.
His attorney Lwazi Dekeda said they would launch a high court application for Mbabane’s release “as soon as we can get our papers in order, possibly even this week”.
Premier Phumulo Masualle yesterday said Mbabane’s arrest “was tragic” and posed a major setback for the stability of the province.
His spokeswoman Nomfanelo Kota said: “In the light of these developments, as an employer we would have to explore the remedies that are available to us.
“We will have to look into his contract and see what it says.
“However we respect the decision of the court and as a champion against women and child abuse we will continue to defend the interests of the most vulnerable sector in our society.”
Kota said current acting DG Mahlubandile Qwase would remain in place “until further developments”. — Additional reporting by Siphe Macanda and Ray Hartle
VIDEO: DG DENIED BAIL
Mbabane, accused of raping a relative, was arrested on Friday after a case was opened the day before. He officially took up the DG position on January 5.
His bail application started on Monday and culminated in Magistrate Merwin Meyer yesterday saying it would not be in the interest of justice to release him as he might interfere with witnesses believed to be relatives.
Mbabane, who was set to earn more than R1.7-million a year from the DG job, is expected to be held at the East London Prison on West Bank until his next court appearance in 54 days’ time on March 24.
The state asked for a postponement for further investigation.
Yesterday the courtroom went quiet when Meyer gave his judgment as Mbabane supporters, including his partner, wept. He was given a brief moment to chat to them before being whisked away.
The complainant in the case – who cannot be identified as she has alleged sexual abuse – is related to the DG and had been staying in a flat belonging to him.
She told investigators the abuse started 10 years ago at their rural homestead when she was just 15.
The Daily Dispatch yesterday reported allegations that Mbabane’s family tried to bribe the complainant into dropping the charges.
Investigators said she also came under pressure from some family members to withdraw the charges.
Delivering his ruling yesterday Meyer said Mbabane’s right to personal freedom had to be weighed against the interests of justice and rights of the complainant.
“We have a woman who was in your care and whom, according to the evidence, you have sexually abused for over 10 years.
“She has complained to family members in the past.
“But it is clear she was particularly vulnerable because she was orphaned and dependent on your care.
“There is a likelihood that you would influence the witnesses because you have done that before,” Meyer told a teary Mbabane.
The court found that none of Mbabane’s personal circumstances, including his top administration position in the Eastern Cape government, constituted “exceptional circumstances” which warranted bail being granted. “There are people who come before the courts wanting to be released on bail.
“They are also gainfully employed, they have high positions either in government or elsewhere, and there’s nothing exceptional in the circumstances that presented,” the magistrate said.
Meyer added that he realised many people would “suffer” as a result of Mbabane’s incarceration, while the effects of being kept in custody through numerous postponements of a trial would “to a large extent destroy the lifestyle that you have”. However, he found that it would not be in the interest of justice if he granted the top administrator bail.
His attorney Lwazi Dekeda said they would launch a high court application for Mbabane’s release “as soon as we can get our papers in order, possibly even this week”.
Premier Phumulo Masualle yesterday said Mbabane’s arrest “was tragic” and posed a major setback for the stability of the province.
His spokeswoman Nomfanelo Kota said: “In the light of these developments, as an employer we would have to explore the remedies that are available to us.
“We will have to look into his contract and see what it says.
“However we respect the decision of the court and as a champion against women and child abuse we will continue to defend the interests of the most vulnerable sector in our society.”
Kota said current acting DG Mahlubandile Qwase would remain in place “until further developments”. — Additional reporting by Siphe Macanda and Ray Hartle
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