Mandla guilty of grievous assault

MandlaGuilty
MandlaGuilty
Mandla Mandela, who has been convicted of brutally assaulting a motorist, was given a dressing down yesterday for claiming he had acted in line with the teachings of his late grandfather, global icon Nelson Mandela.

Mthatha regional court magistrate Noluthando Conjwa said Mandla had acted contrary to the upbringing he claimed to have received from the elder Mandela.

The ANC MP and head of the Mandela royal house was convicted on one count of assault with intent to cause grievous bodily harm after he slapped, kicked and stomped on drunk Mthatha motorist Mlamli Ngudle in October 2013.

Ngudle, a teacher, was driving an Isuzi bakkie when he bumped the BMW X5 belonging to an investor who was having lunch with Mandla in the Mthatha CBD.

The accident happened when Ngudle tried to reverse out of a driveway.

Appearing in high spirits and dressed immaculately in a navy two-piece suit, the Mvezo chief was acquitted by Conjwa on a second charge of pointing a firearm.

During cross-examination last year, Mandela told the court that his late grandfather had taught his family to always resolve differences peacefully.

He testified that he had approached a swearing and drunk Ngudle to “pacify” him but had acted in self-defence when he slapped him to the ground.

But Conjwa said Mandela had revealed himself as “stubborn, argumentative and evasive” during cross-examination.

“I got a distinct feeling that sometimes has an exaggerated sense of self.

“This I say because he said that all the witnesses had conspired against him to extract money out of him and that they had embellished their evidence to sensationalise the whole case,” she said.

Mandla’s attorney, Billy Gundelfinger, previously told the court that Ngudle had demanded millions from his client before he would drop the charges.

Mandla was accompanied by his mother Nolusapho, his wife Nodiyala, family elder Napilisi Who and other family members.

During her 90-minute verdict to a half-empty court, Conjwa said that by snatching the keys from Ngudle’s car Mandela had acted “in contrast” with the good upbringing he claimed to have received.

“This to me is not in keeping with a person who was negotiating his way out of an untenable situation.”

Mandela said he was acting in self-defence after a swearing Ngudle raised a clenched fist at him. Conjwa agreed with prosecutor Lonwabo Busakwe’s argument that a person of Mandla’s calibre should have found a way of dealing with the drunk Ngudle instead of raising his hand.

“The way that described condition makes one believe that there never was a stage where the complainant posed a danger. It was testimony that was uneasy on his feet,” she said.

Conjwa acquitted Mandela on the charge of pointing a gun after four state witnesses failed to corroborate each other. She said that despite the lack of corroboration among state witnesses, the court could not rely on the “elusive” testimony of the defence witness because he had based his arguments on newspaper reports.

But she was satisfied the truth had been told and the state had prove its case of assault against Mandela.

In the court corridor Ngudle, who had sat stony-faced throughout the proceedings, expressed relief at the guilty verdict.

He said: “Criminals belong in jail. Money does not matter, justice has to be done.

“No one has the right to beat another one. It took a long time for him to account. The case has been dragging on for too long but we will wait for sentencing day,” he said.

Gundelfinger said he could not comment as the matter was still pending.

“It is inappropriate for me to comment because we still need to lead evidence in mitigation of sentence. We’ll take it from there,” he said.

ANC chief whip Stone Sizani, asked for comment, said he was hearing for the first time that his party’s MP had been found guilty on criminal charges.

He said he first wanted to establish the facts but did not answer his phone when called later.

The ANC’s provincial secretary, Oscar Mabuyane, could not be reached for comment.

Sentencing will take place on June 2 and 3.

Mandela is out on warning.

According to Chapter 4 of the South African constitution, any member of parliament who is found guilty of a criminal offence and sentenced without the option of a fine, in or outside the republic, will no longer be eligible to serve as an MP.

However, this clause will only apply if the member has lost an appeal or the appeal period has lapsed. — loyisom@dispatch.co.za

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