NPA may reinstate rape charge again DG Mbabane

The NPA withdrew the charge last month in the East London magistrate’s court, without giving reasons for the decision.

Newly-appointed DG Mbabane was in his job for just over a month when he quit his position as the top civil servant in the provincial administration following the rape allegation.

The complainant, who may not be named in terms of the sexual offences laws, was believed to be Mbabane’s relative.

In a statement issued yesterday in response to a Daily Dispatch query two weeks ago, NPA regional spokesman Tsepo Ndwalaza said that on the available evidence, there were no reasonable prospects of a successful prosecution. “It would have been unfair to the complainant to put her through the agony of a trial during which she would probably have been subjected to intense and embarrassing cross-examination on her personal life regarding her relationship with the accused in this matter, knowing that the probable outcome would be an acquittal.

“It would have been similarly unfair towards the accused in this matter to be arraigned for a trial on a charge which the state would probably not have been able to prove beyond reasonable doubt.”

Ndwalaza said a decision to withdraw a charge was not a permanent one.

“If evidence would later emerge to strengthen the state’s case to such an extent that there are reasonable prospects of a conviction, the state may reconsider its decision to withdraw the matter.”

He said the NPA had not received a written submission from Mbabane for the charge to be withdrawn, although such a request had been made to the prosecutor when the accused first appeared in court.