Confusion in Mandla Mandela bigamy case

2012-02-20 13:03

kalahari.com

Pietermaritzburg - ANC MP Mandla Mandela's lawyer has given prosecutors the assurance that his client will appear in court next month in connection with alleged bigamy and that there is no need to arrest him.

Bertus Preller, who is handling Mandela’s divorce, told The Witness he confirmed this with the prosecutor over the weekend.

It was agreed Mandela “will appear at a time convenient for the State”. The matter would then be postponed for further investigation, Preller said.

It is understood that Mandela is likely to appear in a fortnight’s time in the Bityi Periodical Court.

Common law

However, it appears that the police in Bityi, who are investigating a charge of bigamy against Mandela laid by his estranged wife, Thando Mabuna-Mandela, are of a different opinion. It is a common law crime and it is not clear whether anyone has been successfully convicted of bigamy in modern-day South Africa.

Eastern Cape police spokesperson Mzukisi Fatyela insisted that prosecutors had spoken to Mandela’s lawyer on Saturday and that there was agreement the MP would appear in court on Monday.

“The [Mandela] lawyer said that he will avail himself to appear in court and we trust them that they will communicate with him to appear,” said Fatyela.

He could not confirm who the lawyer was and whether it was someone other than Preller, who was not aware of any agreement about his client appearing on Monday.

Fatyela was emphatic that police would “do everything in our power to ensure that he avails himself to appear in court”.

There was confusion at the weekend as to whether a legal warrant of arrest did in fact exist.

The Witness has in its possession a copy of a two-page memo from the office of the station commander of Bityi police station dated February 17, as well as a warrant of arrest.

It is addressed to the station commander, Goodwood police station, in Cape Town, as well as the cluster commander for the SA Police Service in Mthatha.

Warrant


The signature on the copy of the warrant of arrest for Mandela on a charge of bigamy is illegible and it is not immediately clear whether the warrant is in fact a legal one.

Colonel Andre Traut, a spokesperson for the Western Cape police, was unable to confirm that the Goodwood police had received an arrest warrant.

“All efforts have been made to solicit [Mandela’s] co-operation in the investigation of this case, but in vain and it has become crystal clear that this person is evading justice.

"This office has gathered enough evidence on this case and a prima facie case exists with a strong prospect of a successful prosecution.”

It urges the Goodwood police to execute the warrant “immediately upon sight of this person and advise this office of such an arrest without delay” and gives his address in the parliamentary village in Cape Town.

“Your co-operation in this matter will be highly appreciated as this case has long been outstanding.”

The attached warrant of arrest refers to a charge of bigamy committed in March 2010 - the month Mandela tied the knot in a customary union to Anais Grimaud, a 19-year-old woman from Reunion. The couple have a child. It makes no reference to a customary union in December last year to Pietermaritzburg woman Mbali Makhathini.

The warrant describes Mandela as “light in completion [sic], slender in size. Tall in height”.

In his reaction, the Eastern Cape National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, said the NPA had no knowledge of a warrant of arrest.

He declined to comment further, saying it was a police matter. Meanwhile, the prosecutor in the case did not reply to messages left on her phone by The Witness.

His side of the story

Mandela’s colleague and confidant, Mfundo Mtirara, defended his friend, saying there was no need for him to appear in court.

“His wife filed a statement with the police against Mandla, so police were yet to hear Mandla’s side of the story because he was supposed to have seen them on Saturday to make his statement.

“However if he has not been there to see the police then I will go with him tomorrow.”

Mtirara said Mandela had co-operated with police and there was no need for his arrest.

Meanwhile, ANC Eastern Cape spokesperson Mlibo Qhoboshiyane said a meeting about Mandela between the party’s leadership and the Madiba clan had yet to take place.

The provincial secretary was still negotiating with Mandela about a suitable time.

Qhoboshianye was quoted last year as saying the ANC wanted the Madiba clan to rein Mandela in, after several allegations against him, including alleged kidnapping, claims by three Mvezo villagers that he was stealing their land for development, as well as the bigamy charges.

On the latest developments: Qhoboshiyane said, “We are not clear exactly what is taking place, but we will comment after the matter has been considered in courts as we do not have facts of the situation.”

Mabuna-Mandela married Mandela in community of property in 2004, but the couple have been going through a messy divorce since 2008.

She managed to annul his customary union to Grimaud, and last year won a court order against Mandela and Makhathini to stop them from tying the knot. The couple went ahead with the traditional ceremony in Mvezo in December. The sheriff of the court has allegedly refused to serve the annulment notice on the couple.

The Customary Marriages Act of 1998 forbids a spouse entering into more than one legal union while still married.

It also stops couples entering into civil and customary marriages simultaneously.

Read more on:    anc  |  mandla mandela  |  east london  |  pietermaritzburg
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
20 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Wednesday Montague Gardens - 10:52 AM
    Road name: Montague Drive Southbound
    DELAYS towards Bosmansdam Road due to roadworks
  • Wednesday Kuils River - 10:21 AM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - DELAYS
 
More traffic reports...
 

Jobs in Cape Town [change area]

Jobs in Western Cape region

HVAC Mechanical Design Engineer

Western Cape
Higher Intelligence

Junior Bookkeeper - Motor Industry (CT – Southern Suburbs)

Cape Town Southern Suburbs
West Coast Personnel
R8 000 - R10 000 Per Month

Project Administrator

Cape Town Northern Suburbs
Cozens Recruitment Group (HEAD OFFICE)
R12 000 - R20 000 Per Month

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Pre-order the Xbox One

Get this all-in-one entertainment system with live TV, movies, social networking and gaming. Pre-order now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Bold 9790

Bold Design The BlackBerry Bold 9790 smartphone combines the iconic BlackBerry...

From R2508.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

The ingredients for today are communicating your original ideas in a creative and unique way that can make the right people look...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.