Kelly Khumalo’s “vengeance”, “vindictive ploy” and her failure to produce medical records and police’s J88 form to support her rape and attempted murder case against her ex-boyfriend Molemo “Jub Jub” Maarohanye, were cited by the rapper’s legal team as some of the reasons the state should drop the charges against him.
The National Prosecuting Authority dropped charges against Maarohanye last week, saying it did not have sufficient evidence to secure a conviction.
The NPA charged Maarohanye after Khumalo, television presenter Amanda du-Pont and former radio presenter Masechaba Khumalo alleged that he sexually violated them.
In a police statement that we have seen, Khumalo said Maarohanye pushed her against the wall and choked her, while she was about eight months pregnant with their son.
Khumalo told the cops a second incident occurred when Maarohanye came to pick her up after filming for Rhythm City in June 2010.
She alleged the rapper found her outside the studio with co-actors, and accused her of having a relationship with one of them. Upon arriving at their residence, Maarohanye slapped her, she said.
In 2010, Khumalo told the police, Maarohanye punched her so hard that she hit a door frame and injured her nose.
In another incident, also in 2010, said Khumalo, Maarohanye hit her with his fist on her lip, causing a scar that remains to this day.
In another incident in the same year, she said, the rapper assaulted her again after she had gone to attend to their crying child. This was after Maarohanye complained that she was giving the baby more attention than him.
Khumalo further alleged that he assaulted her mother and her sister at their family home in Vosloorus, east of Johannesburg.
Khumalo further alleged that the Uyajola 99 host raped her when she refused to have sex with him in 2012. She said Maarohanye took a pillow and used it to suffocate her.
Khumalo also said Maarohanye beat her up again in 2012 while she and the child were visiting his residence after accusing her of cheating on him.
Sunday World obtained the legal representation Maarohanye’s lawyer, Ntsako Baloyi, submitted to the NPA, pleading with it to drop the charges against Maarohanye.
In the representations that we have seen, Baloyi said that from what was contained in the statement deposed by Khumalo and the witnesses, it was clear that the charges against Maarohanye were an afterthought.
That was the case, the defence argued, because the charges were made as a result of the podcast between Maarohanye and Mac G, in which the musician alleged, among other things, that she used muthi.
Baloyi said prior to the podcast airing in December 2021, it was clear from her statement that she had neither intended nor planned to open or report any matter to the police.
Baloyi further argued that if it took a podcast to trigger people to use the law in a manner that serves their personal vendettas or makes them feel provoked in any way, then the law is a weapon of vengeance and not a means that vulnerable individuals can use to get justice.
“In light of the afore, the applicant pleads with the state not to proceed to waste state resources over charges that, from the face of it, are an afterthought, smear campaign, and vindictive ploy.
“Instead, this has had negative repercussions on the applicant, as he has been subjected to public scrutiny on the basis of individuals who aren’t seeking justice but are intentionally using the law for vengeance.
“The state is strictly invited to consider the above in its totality and apply its mind properly. Ultimately withdraw all charges,” he advised.
Baloyi said to make matters worse, none of the allegations was corroborated by any form of medical reports, including J88 form, doctors’ notes, clinical records or anything medically related whatsoever.
“Attempts to get clear and further particulars pertaining to specific dates and months or medical corroboration documents by the applicant failed, with the state indicating they have nothing further,” reads Baloyi’s representation.
