Court drops rape charge against two EL men
BUFFALO City Metro (BCM) has added 10 new refuse removal trucks to their fleet.
This comes at a time when the metro has been accused of neglecting to collect in some communities.
The new trucks were delivered last week and have started working in and around the metro.
BCM spokesman Thandy Matebese confirmed this, saying the TWO men have been acquitted on a rape charge after the East London Regional Court found it could not be proved they had committed the crime.
Sivenathi White and Phuwelo Ma-Afrika, represented by Ntsikelelo Manyisane and Sivuyile Mnyute, pleaded not guilty. metro had been having challenges of refuse removal backlogs. “Ten trucks were delivered on Friday last week and have started doing work around the metro,” said Matebese.
He said the delays in refuse collection were due to a number of reasons like mechanical breakdown of trucks and other issues.
“It is believed the additional hired trucks will assist the metro in alleviating the backlogs.”
The trucks were not an outright purchase for BCM but were especially
The pair were accused of raping a teenager in 2014 at Buffalo City Metro’s annual switching on of the festive lights.
The teen told the court that three men had accosted her and hired to do the work.
Recently residents in townships like Nompumelelo, Duncan Village, Mzamomhle and Mdantsane, as well as some suburbs have complained about collection delays.
In some areas rubbish was blocking roads, forcing the community to make alternatives. Community leaders were also using Expanded Public Works Programme workers to help clean the streets.
BCM ward 29 councillor Makaya Bopi said the delay in refuse collection taken her at knife-point to a bushy area behind the Garden Court at the beachfront.
She alleged they had raped her and left her in the dark where she sat for five hours until daybreak was a health hazard.
Bopi’s ward incorporates Nompumelelo township, where many residents have been complaining.
“There was pressure from the ward councillors for the metro to act quickly and find alternative plans. People’s needs must come first because these are people we are serving and representing.”
But Nompumelelo resident, Andrew Tanda, said the situation was still bad in their community.
“These vehicles must be dedicated before trying to make her way home.
The complainant identified the accused from a picture on the police’s computer-based data base. She told the court she recognised to the communities. We are the ones who are suffering because we inhale all the dirt from the rubbish dumps. Our areas are filthy,” said Tanda.
Ducats community leader Lungani Sanqela said this was a good plan but felt the timing was questionable as the elections were nearing.
He said people had been living in squalor for many years. “We don't want these trucks to add numbers, they must come and do the work they are hired to do. People in my community have started burning rubbish takkies taken from her on one of the suspected rapists.
This week, Manyisane and Mnyute made an application in terms of the Criminal Procedure Act at the end of the state’s case themselves and that is a health hazard,” said Sanqela.
Mdantsane South African National Civic Organisation leader Xolisa Vuso said BCM was not communicating their problems with residents.
“The delivery of these trucks is news to us as the municipality constantly fails to connect with its people. We welcome them though, with the hope that they will do the work,” said Vuso. — in which they asked magistrate Twanet Olivier to discharge their clients.
The attorneys said there was nothing linking their clients to the rape.
Yesterday Oliver said she had no problem with accepting the evidence of the complainant about the manner in which she said she was raped.
She said the only issue was identification.
“Identification is a problem, especially because DNA is not conclusive,” she added. — siyab@dispatch.