Ex-deputy mayor imprisoned for sexual assault

Oudsthoorn’s former deputy mayor Mlandeli Abednico Nyuka has been sentenced to five years’ direct imprisonment for sexually assaulting an employee in his office.

National Prosecuting Authority (NPA) regional communications manager Eric Ntabazalila said on Monday this was Nyuka’s second conviction and sentence for sexual assault using the same modus operandi.

Prosecutor Mervan Saaiman told Oudtshoorn Magistrate’s Court that on the day in question, Nyuka called the complainant into his office and locked the office door.

“At first, he tried to manipulate her, saying that he will see to it that she will be promoted at work. He then proceeded to lift her dress and touch her private parts without her permission. Luckily, the telephone rang, and the accused answered it,” said Ntabazalila.

“The complainant then got the chance to get out of the office and ran outside. She was shocked by the incident. Nyuka was the deputy mayor of the Oudtshoorn Municipality and she worked in his office.”

Nyuka dismissed the allegations throughout the trial, claiming that the complainant was part of a different faction of their political party, Saamstaan. “He further claimed that she was part of a faction of his party who applied to the high court to have him removed from the party.

“During cross-examination, he alleged that she offered him sexual favours in exchange for everything he did for her. He could not satisfactorily explain why this version was not put to her and that it was only proffered during the defence case.

“She denied his allegations and testified that she always supported him in party matters.”

Saaiman also called the first report witness, who placed on record what the complainant reported to her. “This witness then assisted the complainant to report the matter to the police. The court found the complainant and the first report witness as credible witnesses,” Ntabazalila added.

“Magistrate Sylvia Mandla found Nyuka, on the other hand, was not a good witness and that he fabricated his evidence. She found that he abused his seniority to obtain sexual favours and convicted him on a count of sexual assault.

“During sentencing proceedings, Saaiman requested the investigating officer to obtain a case docket from the archives which proved the accused’s previous conviction of sexual assault, with the same modus operandi.”

The state argued that he was a sexual predator and that he abused his position. The court sentenced him to five years of direct imprisonment.