BREAKING NEWS: EC DG denied bail in rape case

Eastern Cape administration director-general Dr Loyiso Mbabane has been denied bail by the East London Magistrate's Court this afternoon.

He spent two days trying to convince to court to grant him bail, but magistrate Merwyn Meyer said releasing him would not be in the interest of justice.

He will remain in jail until the case resumes on March 24.

Mbabane is accused of raping a relative and allegedly trying to bribe her into dropping the case

The East London bail court heard yesterday that Mbabane’s legal team had approached the court on Monday with the complainant saying she wanted to withdraw the complaint against the province’s top administrator, a move that did not materialise.

This was revealed yesterday by investigating officer Ntombozuko Ngxazisa, who also revealed that a contract was drafted on Monday and given to the complainant, promising that she and her brother, 22, would be “taken care of for the rest of their lives” if she withdrew the charges.

Ngxazisa was testifying at Mbabane’s bail application, which continues this morning. Yesterday he denied raping the complainant. Ngxazisa also told the court the complainant was “receiving pressure” from some family members to drop the charges.

The DG was arrested in the parking lot of his Bhisho office last Friday.

He was handcuffed and taken to East London’s Fleet Street police station.

Last night was his fifth night behind bars as bail proceedings had to be postponed due to time constraints.

During yesterday’s hearing Mbabane, still dressed in the clothes he was arrested in on Friday, took the stand after his legal team had read out an affidavit motivating for his bail.

Ngxazisa later testified against him being granted bail. Her testimony continues this morning.

The investigating officer related events that led to the complainant’s “worst nightmare”, events that allegedly started in their rural homestead on the eve of her grandmother’s funeral in 2005.

Ngxazisa told the court that the first rape allegedly took place in 2005 after Mbabane gave her “what she thought was alcohol, but turned out to be a spiked drink which made her immediately pass out”.

She was 15 at the time.

“When she asked what the liquid was, she was told by the accused that it will make her clever.”

According to Ngxazisa, the young woman claims to have been raped numerous times since 2005, “including every time the accused comes home for holidays”.

She said last Thursday’s incident took place in a city flat belonging to Mbabane, which was occupied by the complainant and her younger brother.

It was further alleged Mbabane used a “wooden stick” to threaten her before he dragged her by her hair, threw her onto a bed and raped her.

The investigating officer told the court that some family members had visited Mbabane while he was in custody at the Fleet Street police station over the weekend, together with the young woman, and that he had cried in front of family members “before admitting that he had raped” her.

“He was crying and he admitted to family members that he had indeed committed the offence, that he was sorry for his actions and that he will make sure that it never happens again if charges could be dropped,” Ngxazisa told the stunned courtroom.

According to Ngxazisa, the young woman had reported her ordeal to some family members and a meeting was held last year to try and stop it.

“She did not report to police some of the previous incidents because he was supporting them financially. However, her nightmare never stopped and last Thursday she felt that enough was enough and decided to report the matter to police,” Ngxazisa told the court.

Ngxazisa said the young woman, a student in East London, was contemplating dropping out of school and returning to her rural homestead “as she fears that this will not stop should the accused be released on bail”.

In his affidavit, Mbabane said he should be granted bail because he was responsible for the “maintenance, education and general upkeep” of his three children, the complainant and her brother. He was also supporting “many” unemployed extended family members and his ex-wife, and that they all will be “impoverished” if he was denied bail and loses the R1.7-million-a-year job he officially started on January 6.

He said keeping him in jail would “paralyse” the provincial government as he was responsible for the administration of all government departments in the province.

“I also play the role of secretary to the provincial cabinet and therefore it is extremely important that I be released on bail.

“If I am denied my freedom for longer, the provincial government will be paralysed by my absence as certain documents which require my signature cannot be signed, therefore delaying service delivery,” Mbabane said.

“The province faces serious challenges which in order to be addressed, will require my continuous presence,” he told the court.

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