Councillor cleared on assault charges after fracas plans to sue

AFTER the court cleared him on charges of assault, Nelson Mandela Bay ANC councillor Gamalihleli Maqula is planning to sue the state for malicious prosecution.

He is also going after mayor Athol Trollip and DA chief whip of council Werner Senekal for allegedly defaming him.

Maqula revealed that his lawyer would write to Police Minister Bheki Cele over his “unconstitutional” arrest in October 2016, the day after a council brawl.

Maqula, who was accused of assault with intent to do grievous bodily harm for allegedly stabbing Senekal with a sharp object in his back, was acquitted of all charges last month.

The court found there was not enough evidence against him.

Yesterday, Maqula said he had started consulting with his attorney, Luthando Ngqakayi, to pursue legal action against the NPA, the police, Senekal and Trollip.

He said: “Following the incident we spent more than seven hours in custody and we regard that as an unlawful arrest.

“We’ve been writing presentations to the NPA trying to prove there’s no case, but they continued prosecuting me.”

The councillor said he would claim the legal fees he had accumulated during the course of the trial from Senekal.

“Last year during a press conference, the mayor [Trollip] claimed he had evidence of death threats against councillor Senekal and [DA] councillor Rano Kayser and said those threats were linked to the case,” Maqula said.

“He said they [the DA] had evidence which was with the police and they would release this in due time. “We’ve been waiting for this evidence.” Senekal said he would defend the matter “having regard to all my rights in law”.

Trollip said: “My colleagues did receive death threats, as have I and my wife. We reported these to the SAPS and they are being investigated.

“Councillor Maqula must do what he must do; I’m not intimidated by his threats of suing me. “We did not make these threats up.” Maqula said his family life as well as his standing as the Ward 19 councillor had been affected by the case.

“It was a very stressful time for me [and] for my spouse, who was pregnant at the time. It could have affected the baby negatively but thankfully it didn’t.

“I’m happy because my name was finally cleared, but the stigma attached to this case is still there,” he said.

Meanwhile, Maqula’s co-accused, Andile Lungisa, was found guilty on Tuesday of assault with intent to commit grievous bodily harm.

He was found to have intentionally smashed a glass water jug over Kayser’s head during the heated council sitting.

Lungisa will be sentenced on May 9.