The Oudtshoorn Magistrates Court in the Western Cape has sentenced former deputy mayor Mlandeli Abednico Nyukato to five years direct imprisonment for sexually assaulting an employee in his office.

HE ASKED FOR SEXUAL FAVOURS IN EXCHANGE FOR A PROMOTION

This is Nyuka's second conviction and sentence for sexual assault using the same modus operandi. National Prosecuting Authority (NPA) Regional spokesperson Eric Ntabazalila said state prosecutor, Mervan Saaiman told the court that on the day in question, Nyuka called the complainant into his office and locked the office door. "At first, he tried to manipulate her saying that he would see to it that she'd be promoted at work. He then proceeded to lift her dress, touched 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 ran outside. She was shocked by the incident," Ntabazalila said, adding that the woman worked in Nyuka's office at the Oudtshoorn Local Municipality in the Western Cape, where he was a deputy-mayor. "Throughout the trial, Nyuka dismissed the allegations claiming that the complainant was part of a different faction of their political party. 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," Ntabazalila added. During cross-examination, Nyuka alleged that the victim offered him sexual favours in exchange for everything he did for her. "The victim denied the allegations and testified that she always supported him in party matters. Saaiman also called the first report witness who placed on record what the complainant reported to her. This witness then assisted the complainant to report the matter to the police," he said.

CREDIBLE WITNESSES

Ntabazalila said the court found the complainant and the first report witness as credible witnesses. "Magistrate Sylvia Mandla found 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. During sentencing proceedings, Saaiman requested the investigating officer to obtain a case docket from the archives which proved the accused's previous conviction of sexual assault with the same modus operandi. The State argued that he is a sexual predator who abused his position. The court sentenced him to five years direct imprisonment," he said.