Gauteng deputy speaker could be forced to step-aside after NPA reinstates assault case

The fate of deployed ANC cadre Vuyo Mhlakaza-Manamela, deputy speaker of the Gauteng legislature who faces charges of assault with intention to inflict grievous bodily harm and crimen injuria on a police officer, hinge on the upcoming Gauteng party policy conference.

Among several policy positions to be debated and adopted by delegates next week is the controversially applied step aside rule for rogue party members charged with criminal activities.

Mhlakaza-Manamela’s case is one of first high-profile private prosecution-driven cases to implicate a senior leader in the province.

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The case arises from her alleged attack on SA Police Protection and Security Services sergeant Lizzy Mojapelo, which was withdrawn a year ago by National Prosecuting Authority (NPA) senior prosecutors who declined to take action on the basis that “matter would be difficult to prosecute because the suspect is a very high-profile person”.

Mhlakaza-Manamela is married to Buti Manamela, SA Communist Party central committee member and higher education and training deputy minister.

Conceding the application of the step-aside rule on members facing criminal charges had evolved, Gauteng ANC secretary Thembinkosi Nciza said he expected the upcoming party provincial policy conference to adopt an unambiguous position.

The about-turn decision to prosecute Mhlakaza-Manamela followed action by AfriForum’s private prosecution unit, which wrote to the NPA’s Gauteng director, advocate Andrew Chauke.

The NPA responded: “Having studied the contents of the docket, your request for a nolle prosequi certificate and the report of the relevant senior public prosecutor, this office is satisfied there is a prima facie case against Nomvuyo Mhlakaza-Manamela and the matter should not have been withdrawn against her.

“This office has issued an instruction to the chief prosecutor that Mhlakaza-Manamela must be prosecuted on charges of assault with the intent to cause grievous bodily harm and crimen injuria. The senior public prosecutor who withdrew the matter has been reprimanded.”

Head of AfriForum’s private prosecution unit advocate Gerrie Nel said: “This is a victory for the principle of equality before the law.”

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“We will ensure politicians are not sheltered from prosecution. I want to compliment advocate Chauke and his office for his willingness to accept that a mistake was made.”

The alleged assault took place in February 2020 at the home of Mhlakaza-Manamela and her husband.

Mojapelo alleged that Mhlakaza-Manamela was in a “drunken fit of rage” and severely assaulted her.

She also alleged that her police superiors frustrated her efforts to open a case.

A medical examination confirmed Mojapelo sustained multiple injuries and was 11 weeks pregnant at the time.

She had vaginal bleeding and had to receive treatment to safeguard her pregnancy.