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Lawyer seeks missing witness in Mandela case

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Mbuso Mandela, who is accused of rape, said the sex was consensual. Inset: Last week in Sunday Sun. Photo by Noko Mashilo

THE grandson of Nelson Mandela spent a second weekend in jail.

Sunday Sun was the first newspaper to break the news of the alleged rape of a 15-year-old girl at a restaurant in Greenside, Jozi.

And the suspect is Mbuso Mandela. He’s still under lock and key because attempts to get him out on bail were unsuccessful.

This after Mbuso’s lawyer, Nico Swart, failed to obtain a statement from a key witness.

Nico told the Joburg Magistrate’s Court on Friday he had been unable to locate the key witness.

He claimed this witness had heard a discussion between Mbuso and the complainant before the alleged rape took place.

Mbuso is facing rape, attempted rape and sexual assault charges.

Nico told the court: “I need time to find the witness. He is an important witness.”

Nico said the basis of the defence was that Mbuso had consensual sex with the complainant.

He said the complainant and Mbuso were seen seated and chatting to each other at the restaurant.

He argued his client was under the impression that the girl was above the age of consent, which is 16 years.

“Even her Facebook account says she was born in 1999. At the restaurant she said she was 18 and the owner allowed her in,” said Nico.

But Magistrate Pieter du Plessis cautioned Nico, and observed that seven out of 10 things on Facebook were not true.

Mbuso was wearing a brown jacket and faded black jeans.

He sat calmly in court as the proceedings went on.

The magistrate instructed prosecutor Cosmos Mbhele to produce a barcoded ID book of the complainant.

“It is of importance because if her ID puts her over 16 years, it would change the charges from Schedule 6 to Schedule 5,” said Magistrate Du Plessis.

Schedule 6 is the most serious offence and the onus is on the accused to show there are exceptional circumstances to be released on bail.

The matter was postponed to Tuesday 25 August.

Last week Sunday Sun reported what the girl’s angry dad had told the SunTeam.

He alleged that associates of Winnie Madikizela-Mandela had attempted to persuade him to drop the charges.

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