Mandla Mandela is appealing both his sentence and conviction for assaulting Mthatha teacher Mlamli Ngudle two years ago.
The decision to appeal came after the grandson of former president Nelson Mandela was given a R10000 fine or two years behind bars by the Mthatha Magistrate’s Court yesterday.
Of the amount, R2000 or one year in prison is suspended for three years on the condition he is not convicted of a similar offence.
Magistrate Noluthando Conjwa said Mandela had acted like a “wounded lion” when he “viciously and callously” attacked Mthatha teacher and motorist Ngudle in October 2013.
Releasing the Mvezo chief on a warning or giving him a wholly suspended sentence as asked by his defence would make a mockery of justice, she said.
Mandela was found guilty of assaulting Ngudle in the Mthatha CBD two years ago.
Ngudle slammed yesterday’s ruling as nothing more than a slap on the wrist.
But Billy Gundelfinger, acting on behalf of Mandela, said the court had “erred” and “misdirected” itself when it found his client guilty of assault.
He said Conjwa had conceded in her judgment the state had failed to prove the charge of pointing a firearm beyond reasonable doubt.
Both were intertwined, he argued.
Gundelfinger was also unhappy his client had been found guilty despite three witnesses offering “contradictory” evidence relating to the pointing of a firearm.
He further argued a doctor who treated Ngudle had not been asked to give evidence in court.
“ contends there is a reasonable possibility another court may come to a different finding and will impose a mitigated sentence if not caution and discharge,” said Gundelfinger.
In opposing the appeal, state prosecutor Mtutuzeli Rangwana, who had asked the court to send Mandela to jail, said the sentence was “fair”.
Rangwana said he agreed with Conjwa’s judgment that the contradictory evidence from witnesses was not of such a nature they could lead to the charges being rejected.
Ngudle said the case had taken too long and was proof the rich were immune from the long arm of the law.
National Prosecuting Authority spokesman Luxolo Tyali said Mandela was released on R3000 bail.
He was given three months to file the opposing papers at the Mthatha High Court or hand himself over to the police within 24 hours if he failed to do so. — loyisom@dispatch.co.za
Mandela appeals sentence, conviction
The decision to appeal came after the grandson of former president Nelson Mandela was given a R10000 fine or two years behind bars by the Mthatha Magistrate’s Court yesterday.
Of the amount, R2000 or one year in prison is suspended for three years on the condition he is not convicted of a similar offence.
Magistrate Noluthando Conjwa said Mandela had acted like a “wounded lion” when he “viciously and callously” attacked Mthatha teacher and motorist Ngudle in October 2013.
Releasing the Mvezo chief on a warning or giving him a wholly suspended sentence as asked by his defence would make a mockery of justice, she said.
Mandela was found guilty of assaulting Ngudle in the Mthatha CBD two years ago.
Ngudle slammed yesterday’s ruling as nothing more than a slap on the wrist.
But Billy Gundelfinger, acting on behalf of Mandela, said the court had “erred” and “misdirected” itself when it found his client guilty of assault.
He said Conjwa had conceded in her judgment the state had failed to prove the charge of pointing a firearm beyond reasonable doubt.
Both were intertwined, he argued.
Gundelfinger was also unhappy his client had been found guilty despite three witnesses offering “contradictory” evidence relating to the pointing of a firearm.
He further argued a doctor who treated Ngudle had not been asked to give evidence in court.
“ contends there is a reasonable possibility another court may come to a different finding and will impose a mitigated sentence if not caution and discharge,” said Gundelfinger.
In opposing the appeal, state prosecutor Mtutuzeli Rangwana, who had asked the court to send Mandela to jail, said the sentence was “fair”.
Rangwana said he agreed with Conjwa’s judgment that the contradictory evidence from witnesses was not of such a nature they could lead to the charges being rejected.
Ngudle said the case had taken too long and was proof the rich were immune from the long arm of the law.
National Prosecuting Authority spokesman Luxolo Tyali said Mandela was released on R3000 bail.
He was given three months to file the opposing papers at the Mthatha High Court or hand himself over to the police within 24 hours if he failed to do so. — loyisom@dispatch.co.za
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