The Herald (South Africa)

DA councillor­s wait for word on chamber fracas charges

Police say investigat­ion complete and it is now over to prosecutor­s to decide

- Rochelle de Kock and Gareth Wilson dekockr@timesmedia.co.za

ADECISION on whether or not to prosecute two senior Nelson Mandela Bay DA councillor­s for allegedly assaulting their ANC counterpar­ts at a raucous council meeting last month lies in the hands of the national prosecutin­g authority (NPA).

DA council chief whip Werner Senekal and roads and transport portfolio committee chairman Rano Kayser have each signed warning statements with the police and are waiting to hear if they will be summonsed to court.

They are accused of the common assault of ANC councillor­s Andile Lungisa and Rosie Daaminds.

Two weeks ago, Lungisa and councillor Gamalihlel­i Maqula (ANC) appeared in court on charges of assault with intent to do grievous bodily harm.

Lungisa was identified through cellphone video footage as allegedly being the man who hit Kayser over the head with a glass. Lungisa said he had been acting in self defence.

Senekal, who was stabbed in the back with a sharp object, allegedly by Maqula, is accused of throwing a glass jug at Daaminds, causing her to collapse.

Daaminds yesterday referred questions to ANC chief whip Litho Suka.

Suka, however, said: “I don’t know why she said to speak to me because she’s the victim. I don’t have the facts or the details because as you know the meeting was very chaotic.”

Senekal denied that he had assaulted Daaminds, saying he was, in fact, a victim as he had been stabbed.

“[On Monday] the police sent a warning statement, which I signed. The police must do what they must do and the NPA must do what they must do. “I fully respect the courts,” Senekal said. Kayser said he had signed his warning statement on Tuesday last week.

He had “full confidence” in the NPA to clear him of the charge.

Police spokeswoma­n Colonel Priscilla Naidu confirmed that warning statements had been taken by investigat­ors.

“I can confirm that the two cases of common assault have been finalised and the dockets sent to the senior public prosecutor for a decision to be made on whether to prosecute. “There was a third docket opened on Saturday [against the DA] which is also under investigat­ion and will be handed over to the prosecutor as well,” Naidu said.

Asked if Kayser and Senekal could be arrested, Naidu said that due to the schedule of a common assault offence, the accused would either be subpoenaed or would be given a warning to appear in court if the prosecutor decided to proceed with the case.

NPA spokesman Tsepo Ndwalaza referred to Maqula and Lungisa being out on bail.

“The last time I checked the accused in this matter were out on bail and further investigat­ions were taking place.

“As soon as the investigat­ions are complete, the docket will be sent to the director of public prosecutio­ns for a decision,” he said.

The two cases of common assault have been finalised

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