A former deputy mayor in Oudtshoorn who abused his seniority to obtain sexual favours has been handed a five-year direct imprisonment sentence for sexually assaulting an employee in his office.
This was the second time Mlandeli Nyuka was convicted and sentenced for sexual assault using the same modus operandi.
During his bail application process, it emerged that he was found guilty of sexually assaulting an unnamed woman in 2013. The former president of the Suid-Kaap Saamstaan party was arrested in 2022 and resigned from his position at the DA-controlled municipality later the same year following pressure from opposition parties.
Nyuka called the woman in her late 30s into his office and locked the door in September 2022, according to State prosecutor Mervan Saaiman.
“At first, he tried to manipulate her saying that he will see to it that she will 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,” said Saaiman.
Throughout the trial, Nyuka dismissed the allegations claiming that the woman was part of a different faction of their political party, 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.
National Prosecuting Authority spokesperson Eric Ntabazalila said during cross-examination Nyuka 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,” he said.
Saaiman called the first report witness, who placed on record what the woman reported to her and she assisted to report the matter to the police.
The court found the woman 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,” said Ntabazalila.
Saaiman requested the investigating officer to obtain a case docket from the archives which proved Nyuka’s previous conviction of sexual assault, with the same modus operandi. The State argued that he is a sexual predator who abused his position.
Western Cape Director of Public Prosecutions advocate Nicolette Bell hailed the conviction and sentence.
Ilitha Labantu spokesperson Siyabulela Monakali said they were deeply disturbed by the gross violations committed by the former deputy mayor.
“Incidents of this nature occur far too often in our society. We appeal to our justice system to impose the harshest sentences on those who prey on women. It is particularly more disappointing when these acts are committed by politicians and public officials who are entrusted with providing leadership in their positions,” he said.
Oudtshoorn ANC chief whip Zoe Tyatya welcomed the sentence, saying that after the first conviction Nyuka should have not occupied such a position.
“This sentence would have been sooner if the municipality had removed him instead and we feel that he was more protected than the victim. We are calling for a review of sexual harassment policies so that such incidents are prevented and priority is given to victims.”
Cape Times