Rape-accused ANC councillor pleads not guilty, granted bail

RAPE-accused City of Joburg ANC councillor Kenneth Mgaga has pleaded not guilty.

He also denied claims that he had sex with his accuser.

This was according to Mgaga's sworn affidavit submitted in the Wynberg Magistrate's Court yesterday in his bid to be released on bail.

“My client in his affidavit, confirms that he was in the company of his accuser on Christmas Day and on December 26.

He also confirms that his accuser was known to him but denies that the two had sex.

“My client's version is that he had no sex with her,” defence lawyer Jeff Lekalakala said.

Mgaga was released on R2 000 bail after the State did not oppose his bail bid.

Earlier, he was warned that a Schedule 5 offence carried a minimum sentence of 10 to 20 years.

Outside court, two factions of the ANC in Joburg came out in numbers — the ANC Youth League (ANCYL) in support of the accused and ANC Women's League (ANCWL) supporting the victim.

Outlining the nature of the allegations, State prosecutor Ayanda Bakana said: “The victim alleges that she visited her friend (accused) on Christmas in Alexandra. She said the offence happened in the early hours of December 26.

Later on that day, the accused and his friend took her to her place of residence in Tembisa.

Magistrate Elsa Schnetler asked the prosecution whether the victim gave any explanation for the late reporting. Bakana replied that she had not.

The case was postponed until February 22 for further investigations and trial. Following his release, Mgaga immediately asked the ANC to place him on voluntary leave of absence pending his trial.

Mgaga penned a letter to the ANC's Greater Joburg regional secretary Dada Morero, Gauteng ANC secretary Jacob Khawe and the party's secretarygeneral Ace Magashule asking to be placed on voluntary leave of absence as a councillor in the City of Joburg.

In his letter, Mgaga said: “I note that the ANC has no current policy position on the accused stepping aside from their position and I note that the ANC NEC has not finalised any guidelines in this regard.

“However, given the seriousness of such an allegation levelled against me as well as my steadfast commitment to end all forms of gender-based violence and attain a non-sexist society, I have taken a voluntary decision to request a special leave of absence with immediate effect from my position as a PR councillor in the City of Joburg in order to allow myself an opportunity to clear my name, away from my everyday responsibilities I discharge as a public representative of the ANC.”

At the time of writing the letter, the ANC Joburg regional executive had already placed him on suspension pending his appearance before the party's regional integrity committee.

ANC Joburg regional spokesperson Sasabona Manganye, however, said Mgaga would be spared any disciplinary action if he agreed to step aside voluntarily.