After forcing a female employee of the Oudtshoorn local municipality to endure sexual assault in his office, the former deputy mayor was given a five-year sentence of direct imprisonment.
The Oudtshoorn magistrate’s court sentenced Mlandeli Abednico Nyuka on Monday, according to Eric Ntabazalila, a spokesman for the National Prosecuting Authority in the Western Cape.
Nyuka was sentenced for sexual assault using the same method of operation, according to Ntabazalila, marking his second conviction.
“The prosecutor, Mervan Saaiman, told the court that on the day in question, Nyuka called the complainant into his office and locked the office door,” said Ntabazalila.
“At first, he tried to manipulate her, saying that he would see to it that she would be promoted at work. He then proceeded to lift her dress and touch her private parts without her permission.
“Luckily, the telephone rang, and the accused answered it. The complainant then got the chance to get out of the office and escaped.
“She was shocked by the incident. Nyuka was the deputy mayor of the Oudtshoorn municipality, and she worked in his office.”
Nyuka rejects accusations
During the trial, Ntabazalila said, Nyuka rejected the accusations, arguing that the complainant belonged to a separate political party known as “Saamstaan”.
“He further claimed that she was part of a faction of his party who applied to the high court to have him removed from the party. During cross-examination, he alleged that she offered him sexual favours in exchange for everything he did for her.
“He could not satisfactorily explain why this version was not put to her and that it was only proffered during the defence case. She denied his allegations and testified that she always supported him in party matters.”
Ntabazalila explained further: “Saaiman also called the first report witness, who placed on record what the complainant reported to her. This witness then assisted the complainant in reporting the matter to the police.
“The court found the complainant and the first report witness to be credible witnesses. Magistrate Sylvia Mandla found that Nyuka, on the other hand, was not a good witness and that he fabricated his evidence.
“She found that he abused his seniority to obtain sexual favours and convicted him on a count of sexual assault.”
Prior conviction for sexual assault
He said that during the sentencing process, Saaiman asked the investigating officer to retrieve a case docket from the archives, demonstrating Nyuka’s prior conviction for sexual assault using the same methodology.
“The state argued that he is a sexual predator who abused his position. The court sentenced him to five years of direct imprisonment,” said Ntabazalila.
Ntabazalila said the director of public prosecutions in the Western Cape, advocate Nicolette Bell, praised the conviction and sentence.
According to Ntabazalila, Bell was appalled by the actions of Nyuka, who abused his position and office to violate a female employee.
