The assault case against Higher Education Deputy Minister Buti Manamela’s wife, Nomvuyo Mhlakaza-Manamela, is set to proceed to trial after her Section 174 application for discharge was rejected by the Johannesburg magistrate’s court.
Mhlakaza-Manamela appeared in court for judgment on Tuesday, facing charges of assault with intent to cause grievous bodily harm and crimen injuria.
The allegations stem from an incident in 2020 in which she is accused of assaulting VIP protection officer Lizzy Mojapelo, who was heavily pregnant at the time.
Magistrate rejects Section 174 application
During the proceedings, the defence argued that there were contradictory statements between the accused and the witnesses, and the evidence presented was of inferior quality, making it unreliable.
On the other hand, the state contended that the complainant’s case was supported by medical evidence and was credible.
The magistrate, in delivering her judgment, explained that a Section 174 application allows an accused to be discharged from the alleged offence if, at the close of the state’s case, there is no evidence on which the court may rely to charge the accused.
This can only be granted if there is insufficient or weak evidence to support the accused’s guilt and if the quality of the evidence is poor.
Ultimately, the magistrate rejected the application, stating that the accused had a case to answer.
AfriForum welcomes judgment
A provisional date of November 17 has been set for the continuation of the trial.
However, the defence has indicated that due to scheduling issues, the trial may be postponed to the following year.
Following the judgment, Lizzy Mojapelo expressed her relief and joy, as she had hoped the magistrate would rule in her favour.
Mojapelo also revealed the emotional toll the case has taken on her, including struggles with depression and the impact on her family.
“I just need this case to end already. I am drained, and it is affecting my kids. I always find myself distracted and shouting at them for no reason because I am frustrated. I need this to end.”
Despite her doubts about the justice system, she remains determined to see the case through.
Mhlakaza-Manamela declined to comment, citing the need to “catch her breath” after the court proceedings.
Barry Bateman, speaking on behalf of the AfriForum legal services, welcomed the judgment, highlighting that it affirmed their belief that Mhlakaza-Manamela had a case to answer.
“It confirmed our view that we have always maintained that Mrs Manamela has a case to answer for and it takes the trial to the next step which is for the defence to present its case.
“We look forward to what the defence is going to present but we remain confident,” Bateman said.
