The former deputy mayor of Oudtshoorn in the Western Cape has been sentenced for sexually assaulting an employee.
Mlandeli Abednico Nyuka was convicted and sentenced to five years direct imprisonment in the Oudtshoorn Magistrate’s Court.
The Western Cape spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila said this was Nyuka’s second conviction and sentencing for sexual assault, using the same modus operandi.
The court heard Nyuka called the victim into his office, locked the door before trying to manipulate her by stating he would ensure she receives a promotion at work.
He then lifted her dress and touched her private parts without permission.
Nyuka’s office phone rang and he answered it. This gave the woman a chance to get out of his office and run outside.
State prosecutor Mervan Saaiman said the woman, who worked for the municipality, was shocked as she worked in Nyuka’s office.
During the trial, Nyuka dismissed the allegations against him and claimed the victim was part of a different faction of the Suid-Kaap Saamstaan political party.
He further claimed the victim was part of a faction of his political party who petitioned the high court to have him removed from the party.
“During cross-examination, he 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,” Ntabazalila said.
Magistrate Sylvia Mandla found Nyuka was not a good witness and that he fabricated evidence.
She found he abused his seniority to obtain sexual favours.
During sentencing proceedings, Saaiman requested the investigating officer to obtain a case docket from the archives which proved he had a previous conviction for sexual assault, using the same modus operandi.
In May last year, Nyuka was removed as a councillor by the Independent Electoral Commission (IEC).