‘Abusive politician’ out on bail

Published Jun 30, 2015

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Kimberley - A high-ranking ANC politician appeared in the Kimberley Magistrate’s Court on Monday on charges of contravening an interim protection order.

The order was obtained by his customary law wife after the accused allegedly assaulted her by kicking her private parts at their home over the weekend.

Magistrate André Williams granted the politician bail of R1 000 and postponed the matter until August 13 for further investigations.

A warrant of arrest was issued on Monday morning although the accused was not physically arrested. It is also believed that three magistrates recused themselves from presiding over the case.

Police spokesman Lieutenant Sergio Kock said the Kimberley police were investigating the assault case as well as the contravention of an interim protection order.

“The suspect handed himself over to the police on Monday before appearing in the Kimberley Magistrate’s Court,” he added.

The prosecutor stipulated bail conditions as adhering to the regulations of the Domestic Violence Act and being accompanied by a police officer whenever the accused went to the official residence that he shares with the complainant, until the issue was settled in the Family Court.

The attorney for the complainant, Leanne Sullaphen, explained that there was a pending matter before the Family Court where legal representatives for the accused and the complainant were in the process of negotiating an out of court settlement, where the couple intend parting ways.

“The matter was postponed until July 7. The complainant may vacate the communal property after the matter has been settled. However, there is no indication that the negotiation process has been concluded yet.”

Cornwell Tshavhungwa, appearing on behalf of the accused, told the court that his client had handed himself over to the police after the charges were brought to his attention. He pointed out that the accused and the complainant shared the same official residence, which was offered to Members of the Executive Council (MECs) to fulfil their State duties.

“The complainant had indicated that she would be moving out tomorrow (on Tuesday). It is a not a communal house but an official residence. We do not want a situation where the complainant has vacated the house because it could be vandalised.”

The DA expressed shock over the “royal carpet treatment” the accused was apparently receiving after allegedly being involved in a case of domestic violence.

DA provincial spokesman on Transport, Safety and Liaison Pule Thole pointed out that the matter in which this case was handled clearly showed that not everyone was equal before the law.

“According to media reports the politician violated an interim protection order and continued to allegedly assault his common law wife in the presence of a VIP police officer.

“It appears that the alleged offender in this case is receiving preferential treatment because of the position he holds.

“Why was he not arrested for violating the interim protection order and on top of that he was in the presence of a police officer who is also a member of his security detail.

“This is not acceptable and goes against the spirit of the constitution that states that everyone is equal before the law,” he added.

Thole stated that once a protection order is granted, it was enforceable throughout the entire country.

“An interim protection order prohibits a person from committing abusive acts against a complainant.

“The DA wants justice to be served irrespective of who is involved. Our constitution is clear that justice must be served in a free and fair manner.”

Thole added that he would also request the Rules and Ethics Committee to investigate and deal with the matter.

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