Mthembeni Ndevu, fondly known by his stage name Emtee, is a free man after his estranged wife Nicole Chinsamy withdrew a case of assault against him.
The award-winning rapper appeared in the Midrand magistrate’s court on Tuesday.
Chinsamy, who alleged that Emtee beat her up on Valentine’s Day, withdrew the case against the Manando hitmaker, saying she has extended an olive branch to him.
When the artist, wo was clad in a red jacket, stepped into the dock, the court told him to go home, as the matter had been withdrawn.
However, the talented songwriter welcomed the news with mixed emotions, saying it will leave a dark cloud hanging over his head, because in the court of public opinion he remains a woman basher.
In a statement that this paper has seen, Chinsamy, who alleged that Emtee assaulted her when she was seven-months pregnant, said she has decided to withdraw the assault case for the sake of their two children.
“On 03/03/2023, I opened a common assault case under domestic violence against my husband Mthembeni Ndebele. He was arrested on 08/03/2023. Therefore, I hereby wish to withdraw the charges against Mthembeni Ndevu. I forgave him for the sake of my kids,” reads the statement.
She added that she did not withdraw the case under duress, saying no one coerced her into dropping the charges against the father of her children.
The statement reads further: “I was happy and satisfied with the investigation and the court proceedings up to this far.”
The withdrawal comes after Mthembeni’s lawyer, SD Motsamai of Morolong Incorporated, made representations to the National Prosecuting Authority (NPA) to withdraw the charges against Emtee, saying he did not assault Chinsamy.
Read Motsamai’s representations: “In his statement to the police when being formally charged, the accused denied the charges preferred against him.
“Had there been no withdrawal statement, the matter would have proceeded for trial and prior to that [sic], the accused would have been called upon to plead to the charges.
“The accused’s plea would have been that of not guilty. This is because the accused, while admitting that an altercation did ensue between himself and his wife on 14 February 2023, vehemently denies ever assaulting her.”
Motsamai said Emtee wished the matter could have been ventilated in a full trial in an open court, where he would have had an opportunity to lead his defence and eventually be acquitted.
“In fact, the net effect of the withdrawal is that Emtee missed out on the opportunity to clear his name,” read Motsamai’s representations.
“There will always be this cloud hanging over his head that he is a woman brasher regardless of the charges being withdrawn.
“This is the image he will forever carry in the court of public opinion. The withdrawal of the charges by the complainant is therefore met with mixed emotions by the accused.”
Sunday World understands that the NPA had wanted to push for a diversion programme for the artist where he would, among others, attend anger management classes.
However, this route was abandoned by Motsamai, who fought for unconditional withdrawal.
“A diversion programme, whilst not necessarily a form of punishment, is nevertheless a form of corrective measure aimed at rehabilitating a past offender.
“It is an intervention that is typically offered as an alternative sentence to accused people whom the court believes ought to be afforded an opportunity to be corrected and thereafter be reintegrated back to society.
“For reasons already set out extensively above, the accused in this instance does not tick the box,” according to the legal eagle’s representations.
This, added Motsamai, because Emtee did not admit to assaulting Chinsamy and has not been found guilty of a charge preferred against him.
“As such, there is no personality or character in him that the court could see to correct by sending him on a diversion programme.
“We accordingly make this formal representation for and on behalf of the accused that the charge be withdrawn unconditionally as per the withdrawal statement.”
For the latest entertainment news from Sunday World, click here.
