Mbuso Mandela has allegedly sent a video to the 15-year-old girl he is accused of raping – in a move that could see him sent back to prison.
On Monday evening, a video recording of Mandela (24) was sent to the teenager on social networking site Snapchat, which, if found to have been sent by him, would be a direct infringement of his bail conditions.
In the video – subtitled Monday Missions, with four unhappy-face emoticons followed by another line of text: “Conditions of life...” – Mandela laments having to report to the police station.
In it, he says: “Again and again, it’s the same old thing. You know what I’m saying? F***ing bail conditions and s**t, mother f***ing dammit man.”
Mandela was granted bail of R7 000 by the Johannesburg Magistrates’ Court in late August. He was ordered not to interfere or have any direct or indirect contact with state witnesses, including on social media.
The grandson of late former president Nelson Mandela was also ordered to report to the police station in Norwood, Johannesburg, twice a day on Mondays, Wednesdays and Saturdays.
Earlier this month, he applied to have his bail conditions relaxed after Defence Minister Nosiviwe Mapisa-Nqakula granted him permission to be treated at 1 Military Hospital in Pretoria for alleged post-traumatic stress disorder.
He was then ordered to report to the Lyttelton Police Station on Mondays and Thursdays between 4pm and 5pm. The video shows him entering this police station.
Accuser breaks her silence
His teenage accuser broke her silence for the first time this week, telling City Press she felt “scared”, “confused” and “intimidated” when she received the video.
“He sent an invitation to me on Snapchat using the name Bonafidesnaps, which I accepted because it could have been anyone,” she said. “Then his name came up.
“I was very scared and confused. I immediately knew he was not allowed to contact me under any circumstances. I got a big shock,” she said.
“Indirectly, he was trying to intimidate me and make me feel guilty or something.”
The girl and her aunt then went to the Johannesburg Magistrates’ Court on Tuesday morning to report the matter to prosecutors. Although the prosecutor handling her case was on leave, they had a meeting with senior prosecutor Nadine Nel, who specialises in sexual offences and who allegedly instructed investigating officer Lieutenant Dithomo Mmako to obtain an order under section 205 of the Criminal Procedure Act that would allow police access to his cellphone records.A relative present at the meeting said Nel “explained that she told Lieutenant Mmako to get a section 205 [order] for that phone so that it can be verified that it is his phone”.
“I think it was an act of intimidation. He’s arrogant and cocky, and has some idea that he will get away with this,” she said. “The video was deleted after two days. He’s no longer a contact [of hers] on Snapchat and he probably realised it afterwards.”
The young accuser made a statement about the video to Mmako on Wednesday.
Gauteng provincial police spokesperson Brigadier Mashadi Selepe refused to comment on the section 205 order.
“For now, we won’t divulge that information. It’s part of our investigation,” she said.
Gauteng prosecutions spokesperson Phindi Louw said she was not aware of the video or any violation of bail conditions, but said it would be investigated.
“Depending on the outcome of the investigation, the prosecutor could apply for his bail to be revoked,” she said.
Mandela’s attorney, Wesley Hayes, did not reply to requests for comment sent to him on email, SMS, voice message, Facebook and Twitter between late Friday afternoon and yesterday.
Where is Mbuso?
However, Mandela’s video and Twitter timeline raise questions about his whereabouts.
His case was postponed to November 6 to allow for his treatment at 1 Military Hospital, but last Saturday he appeared to have been supporting the Springbok rugby team during their match against Japan.
He tweeted: “Memories must be like reality!!! Here we go again boys ... Bring back the gold ... #winners #life ... ” And then he attached an Instagram picture of himself holding the Webb Ellis Cup alongside former Springbok captain John Smit. The geolocation data attached to the tweet suggested it was sent from Melrose Arch, the popular Johannesburg shopping and entertainment centre. The centre’s Piazza has an open-air big screen for showing World Cup matches.
An SMS to Mapisa-Nqakula’s spokesperson, Joy Peter, asking whether Mandela had been discharged, went unanswered yesterday.
Public Protector investigates
Meanwhile, the Office of the Public Protector has written to secretary for defence and military veterans Sam Gulube to inform him that the Public Protector was in the early stages of investigating his department in connection with allegations of maladministration and abuse of power relating to Mandela’s treatment at 1 Military Hospital “at the state’s expense”.
The letter, dated September 10, a copy of which City Press has obtained, contains six questions for Gulube, who is asked on “what legal and policy basis” Mandela was admitted, if he was paying for treatment and what the “financial implications” were for the department.
Gulube was also asked whether his department could justify Mandela’s stay, if such treatment was available to others “who do not hold public office”, and why Mandela was not using public or private healthcare facilities like other South Africans.
Gulube was asked to respond by September 17, but the Public Protector’s spokesperson, Oupa Segalwe, was unable to say yesterday whether he had done so.
City Press reported late last month that Mapisa-Nqakula gave the go-ahead to admit Mandela “long before” he was accused of rape. Staff at the hospital told City Press he had been a patient there before and was admitted to the psychiatric ward.
Peter said exceptions for the admittance of private patients could be made if the minister granted it in special circumstances, and “in cases like this, the patients will also pay for treatment”.
In his affidavit before court, Mandela claimed the sex with his accuser had been consensual.
He also revealed he was unemployed, and had two children and another baby on the way.
He added that he wanted the court to treat him the same as any other rape accused and not as “a Mandela”.
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