Ex-parly boss cleared of rapes

2005-02-11 22:04

Cape Town - A High Court judge on Friday set aside the multiple rape convictions of a former parliamentary manager who has already spent four years behind bars.

Themba Nkosi, 41, was held in Pollsmoor Prison while awaiting trial, then waited to be sentenced, and had lost his job.

He was convicted in 2003 by a Cape Town regional magistrate on three counts of raping two fellow employees, one of them in his office in parliament, in 1999.

The case was referred to the High Court for sentencing, but Judge Nathan Erasmus asked the magistrate in August last year to provide fuller reasons for his decision.

On Friday, after reading those reasons, the judge said: "I'm of the view that on the available evidence before me it can't be said that the proceedings in the court below were in accordance with justice."

'Parliament's name vindicated'

Nkosi, who had been out on bail since the matter came before Judge Erasmus in August last year, said in a voice breaking with emotion that he was relieved his ordeal was finally over "and hurt at the same time that this had to happen".

Nkosi said: "I'm glad that the interests of justice have been served and that the name of parliament has been vindicated, because it was giving the institution a bad name.

"I'm glad the court decided to see it otherwise. I hope people will learn to understand that sometimes people can be falsely accused.

"But, one has to learn to forgive, because that's the first thing I did, and everything changed for the good when I forgave."

Judge Erasmus said both convictions were based on the evidence of single witnesses, the complainants - Shereen Khan and Liziwe Nciweni, both of whom worked under Nkosi's supervision at parliament.

There was no medical evidence, as the rapes were reported some time after they supposedly happened.

Khan, whose job included bringing Nkosi tea and cleaning his office, claimed he raped her in the office.

Changes in cross-examination

Judge Erasmus said that in her testimony at the trial, Khan initially gave the impression that her only relationship with Nkosi was that he was her superior, and that she felt threatened by his position.

However, this position changed in cross-examination when it became clear that because Nkosi was having an affair with a good friend of hers, they became so close that she made "certain suggestions" to him.

Judge Erasmus said: "One can't expect that of someone who has just been raped in that office."

She had only reported the matter when claims emerged that Nkosi had "various girlfriends", there were other allegations of sexual assault, and his wife came to parliament and complained.

- SAPA