Mafokate's ex-lover found not guilty
R&B musician Busisiwe “Cici” Twala has won the first round of the ongoing court battle against her ex-lover and music producer Arthur Mafokate.
The Midrand Magistrate's Court ruled yesterday in Twala's favour, citing that Mafokate could not efficiently prove the physical harm he sustained during their fight in June last year.
Mafokate claimed that Twala attacked him with a coat hanger and a steel chair in addition to “sinking her teeth into his arms” during their squabble.
Both Mafokate and Twala had opened cases of assault against each other.
Mafokate alleged that his ex-lover was under the impression that he was cheating and wanted to go through his phone, which led to an argument.
Twala on the other hand, admitted to the court that there were problems in their relationship and that she was the one who wanted to leave.
Magistrate Lieland Poonsamy said Mafokate only revealed details that he had been assaulted with chair, hanger and bitten during cross examination.
He failed to make this clear in his affidavit, Poonsamy said.
“When I looked at the statement it is vague and it could not have given the State the position to proceed with the assault case after receiving verification with regards to the statement,” Poonsamy said.
“When one reads it, it is not clear if there was an assault. Only evidence to the assault itself was reveal under cross examination,” he said.
Poonsamy added that the doctor called to examine the injuries sustained by Mafokate said they were sketchy and that no open wound was detected.
Picture: Dimpho Maja/African News Agency (ANA)
“It was to the extent that Mr Mafokate had not clearly shown the bite marks and there was a discrepancy concerning the bite marks that were sustained,” the magistrate said.
“Proceeding with caution, the benefit of the doubt was given in this regard. The accused is therefore found not guilty of the set charge,” Poonsamy ruled.
Twala’s mother Thandi, family, friends and members of the #NotInMyNameSA were relieved to find out that the singer would be free to face Mafokate in court, for her assault case.
Twala did not want to speak to the media after the ruling but instead asked her attorney William Sekgatja to do so on her behalf.
Secretary-general of the #NotInMyName campaign Themba Masango said the organisation felt vindicated that the verdict was in favour of Twala and that Mafokate was "lying" just to get ahead.
“We are glad that Cici has been exonerated and it's not just a victory for her but for all forward thinking South Africans who are fighting against the issue of gender-based violence and femicide in this country.
"And this victory is for all other women who don't have a voice to to speak out, at least she has won on behalf of the other women,” Masango said.
“We are saying that once again justice has prevailed and we have full faith in our courts of law, in our attorneys, and we can't wait for the actual trial against Mafokate to start,” Masango said.
Twala will be going back to court next month for her case against Mafokate for allegedly dragging her alongside his car.
She had to have a hip replacement and walk on crutches following the incident.
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