Cape Town – Disciplinary proceedings have started against senior City official Raphael Martin, who is accused of raping a 13-year-old girl.
Martin, 54, was expected to appear in the Mitchell’s Plain Magistrate’s Court for a bail hearing yesterday but proceedings were postponed until next month due to the court having to be decontaminated.
City spokesperson Priya Reddy said suspension proceedings have commenced and the City is “in the process of making a final decision on it”.
Martin was served a disciplinary charge sheet at Pollsmoor Prison.
“As the employee is not reporting for work, the ‘no work, no pay’ rule applies. The City is awaiting the outcome of the accused’s bail application,” said Reddy.
Reddy said if Martin were to be released on bail he would be “suspended with full benefits, as is required by the collective agreement with the unions”.
“However, should the accused be released on bail, but the conditions of the bail prevent him from reporting for duty, then he is suspended without benefits (salary) - the suspension is on a ‘without prejudice basis’, meaning no assumption has been made pertaining to the guilt or innocence as a result of the suspension.
“Should bail be denied, then the suspension provision is not applicable, and the principle of ‘no work, no pay’ applies,” said Reddy.
The disciplinary hearing against Martin is scheduled to take place on August 4, and he faces dismissal.
“The initial notice - disciplinary hearing charge sheet - was served on the accused, and signed by himself, in Pollsmoor Prison on June 26 2020.
“The disciplinary hearing already convened on July 8 and 22 but was postponed to allow for adequate representations,” said Reddy.
Martin was arrested in June for allegedly raping the girl, who he is related to.
However, yesterday’s court roll caused confusion when it reflected that the charge against Martin was one of sexual assault and not rape.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila, said: “Mitchells Plain Magistrate’s Court was closed down for decontamination. The matter against the accused has been remanded to August 17 2020 for a bail application.
“The final charge will be determined at trial stage,” said Ntabazalila.
Cape Times