Tonga magistrate remands assault accused in custody after complainant withdraws charges
The accused will appear in court again on Thursday, November 14.
“It is our matter now!”
These were the words of Tonga District Court’s magistrate, Jacob Mamabolo, during court proceedings, to an accused who was almost acquitted of his charges today, November 12. Mark Mahlobo, a 27-year-old man from Schoemansdal, appeared in the court on charges of assault with the intent to cause grievous bodily harm.
He is accused of stabbing his girlfriend in the hand with a knife. The charge was initially withdrawn on the complainant’s request, but Mamabolo remanded Mahlobo in custody, citing that the State was worried by his behaviour.
After excusing the accused, Magistrate Mamabolo called him back to the dock when he noticed his behaviour. “I can see that you are not OK, what is the problem?” he asked the accused. Mahlobo responded by saying that he is not OK due to reasons pertaining to the charges, but also mentioned that he would ‘sort it out himself’.
It was after this exchange that Mamabolo changed his decision about dropping the charges.
“I can see that the complainant has withdrawn the charges, but the State is worried that you might harm the complainant. You will, therefore, be remanded in custody until your next appearance on November 14. It is our matter now,” he said.
All further court matters were postponed due to a pipe burst in the building.
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The ANC’s Regional Executive Council’s Thandeka Dlamini-Makamo said the magistrate’s act has restored their confidence in the justice system.
“If the magistrate was not proactive enough to keep the suspect here today, it is most likely that we would be talking about a different issue tomorrow. The way he turned around and looked at her in order to intimidate her inside the court is very telling of what he might have done to her if he was allowed to go. The man demonstrated hideous anger, which was intimidating to all of us who attended the case. The magistrate’s act has proven to us that the justice system cares about women and children. It restored our trust in the justice system. He was acquitted, but the magistrate saw the danger and made an objective call. This is what we need,” said Dlamini-Makamo.
