Fury as NPA lets Mandla off the hook

THE National Prosecuting Authority (NPA) has let Mandla Mandela off the hook and will not prosecute him on charges of bigamy or the desecration of his ancestors’ graves.

Despite admissions from statesman Nelson Mandela’s grandson that he married a further three women while still married to his first wife, Tando Mabunu-Mandela, the state claims there is not enough evidence to prosecute him for bigamy.

“The reason the bigamy matter took so long was because we believed there was a case ,” said NPA provincial spokesman Luxolo Tyali.

“But after police completed their investigations we felt there was not enough evidence to present a case to the court, or to ensure a conviction.”

A charge of bigamy was first brought against the Mvezo chief in December 2011, after his estranged wife, Mabunu-Mandela, 34, reported him to police for marrying another woman while still legally married to her.

Mandela, 39, married Pietermaritzburg woman Mbali Makathini on Christmas Eve 2011, despite a court order prohibiting him from doing so. In heated civil proceedings before the Mthatha High Court between himself and the scorned Mabunu-Mandela, Mandela has openly admitted to marrying at least two other women under customary law. He married Mabunu-Mandela under both customary and civil law in 2004.

The Customary Marriages Act of 1998 forbids a spouse from entering into more than one legal union while still married. Asked why the NPA believed there was a lack of evidence despite Mandela’s admissions to the court, Tyali said the NPA had to rely on the statements forming part of the docket. “And these statements were not sufficient,” he said.

In addition, Mandela will also escape facing up to allegations that he illegally dug up the remains of the 94-year-old ailing former president’s three deceased children from a family grave site in Qunu and reburied them in nearby Mvezo.

Mandela’s family, including his two younger brothers Ndaba and Mbuso, reported a case at the Bityi police station on July 3 following court action to have the remains returned to Qunu, where Madiba reportedly stipulated he would like to be buried. The Mthatha High Court has since ordered the return of the remains to Qunu.

Wesley Hayes, the lawyer for Mabunu-Mandela and 15 other Mandela family members all pitted against Mandla, said he was shocked at the NPA’s decision not to prosecute. He said it was clear the NPA viewed Mandla as “untouchable”.

Hayes said private prosecution was now a real possibility and he would discuss it with his clients.

Tyali said no decision had been taken on the outstanding case of assault and pointing a firearm against Mandela.

This was after Mthatha teacher Mlandeli Ngudle accused the Mvezo chief of assaulting him during a parking lot altercation in the Mthatha CBD last month. Two weeks ago Ngudle underwent an operation to remove a blood clot in his head. Ngudle’s family, who have accused the justice system of treating Mandela with kid gloves, believe the operation was linked to the alleged assault.

Tyali denied Mandela was being treated with kid gloves.

“We have a constitutional mandate to prosecute without fear, favour or prejudice. We prosecute equally,” he said.

Contacted yesterday, Mandela’s brother Ndaba said he was not yet aware of the NPA’s decision.

Neither Mandela nor Tando could be reached for comment yesterday. — Additional reporting by Siya Boya