Cebo Macingwane, the judge’s husband accused of raping their domestic, thought of his wife while having sexual relations with the complainant.
It is the state’s case that in September last year, Macingwane raped the young woman at his home while his wife, Judge Nozuko Mjali, was away in Mthatha.
The complainant cannot be named because she is a victim of sexual violence.
Testifying in the East London Regional Court yesterday, Macingwane told magistrate Thozama Thetyana of the night of passion that he and the complainant allegedly had.
He told of how he and the woman had an erotic encounter in his kitchen when she was rubbing up against him and he touched her provocatively.
“I remembered that my child was in the next room and we decided that we would meet in her room later on that night,” he said in court.
After supper, the woman went to Macingwane’s bedroom where she told him she was going to the domestic’s quarters. About 30 minutes later, he followed her and went knocking on her door.
“She led me to her bedroom and we kissed passionately and were both aroused. We both took off our clothes and had consensual sexual intercourse,” he said.
“I thought of my wife and I told the complainant that what we were doing was wrong, but we carried on anyway,” he said.
“When we were done, she walked me to the door and we kissed goodnight,” he said.
Macingwane, led by his legal representative advocate Philip Zilwa SC, said the following day the two joked about their sexual encounter while they were in the kitchen over breakfast.
Mjali returned from Mthatha later that evening and the woman was behaving in her normal way, chatting with everyone and playing with the couple’s young child.
According to Macingwane, it was only the following day that things turned sour when the woman’s mother phoned Mjali enquiring about the rape.
“My wife asked me about it and naturally I denied it. Later she asked me and together and she said I raped her.
“I told her to stop lying and I confessed to my wife that I had consensual sex with the complainant. My wife said she was giving me and the complainant up to the Lord ,” he testified.
Macingwane will today be cross-examined by state prosecutor Mlibo Thafeni. — siyab@dispatch.co.za
Husband of judge recalls ‘rape’ night
It is the state’s case that in September last year, Macingwane raped the young woman at his home while his wife, Judge Nozuko Mjali, was away in Mthatha.
The complainant cannot be named because she is a victim of sexual violence.
Testifying in the East London Regional Court yesterday, Macingwane told magistrate Thozama Thetyana of the night of passion that he and the complainant allegedly had.
He told of how he and the woman had an erotic encounter in his kitchen when she was rubbing up against him and he touched her provocatively.
“I remembered that my child was in the next room and we decided that we would meet in her room later on that night,” he said in court.
After supper, the woman went to Macingwane’s bedroom where she told him she was going to the domestic’s quarters. About 30 minutes later, he followed her and went knocking on her door.
“She led me to her bedroom and we kissed passionately and were both aroused. We both took off our clothes and had consensual sexual intercourse,” he said.
“I thought of my wife and I told the complainant that what we were doing was wrong, but we carried on anyway,” he said.
“When we were done, she walked me to the door and we kissed goodnight,” he said.
Macingwane, led by his legal representative advocate Philip Zilwa SC, said the following day the two joked about their sexual encounter while they were in the kitchen over breakfast.
Mjali returned from Mthatha later that evening and the woman was behaving in her normal way, chatting with everyone and playing with the couple’s young child.
According to Macingwane, it was only the following day that things turned sour when the woman’s mother phoned Mjali enquiring about the rape.
“My wife asked me about it and naturally I denied it. Later she asked me and together and she said I raped her.
“I told her to stop lying and I confessed to my wife that I had consensual sex with the complainant. My wife said she was giving me and the complainant up to the Lord ,” he testified.
Macingwane will today be cross-examined by state prosecutor Mlibo Thafeni. — siyab@dispatch.co.za
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