Tshwane MMC axed by ActionSA to take party to court
ActionSA on Friday announced the termination of membership of the MMC after allegations of attempted rape were made against him by his close friend’s wife.
A Tshwane MMC recently fired by his party, ActionSA, has threatened to challenge this removal in court.
ActionSA on Friday announced the termination of membership of the MMC after allegations of attempted rape were made against him by his close friend’s wife. A criminal case was also opened against the MMC in September.
The party’s disciplinary hearing judgment, written by advocate Gillian Benson and co-panellist Malibongwe Qwashu, details that the complainant alleged the attempted rape happened in the MMC’s house on September 10. She said she had gone to the house to fetch her husband – an employee in MMC’s office – as he was “too inebriated to drive home”.
“When she arrived after 23:00, she discovered that her husband was exceptionally drunk.
“The (MMC) and his wife advised her to rather move him into the closest downstairs bedroom and put him to sleep.”
She said that in the morning she got up and went to the living area to charge her phone and found the MMC there. The MMC’s wife had just left for work.
“He advised her that if they chatted [there], they may wake her husband, and advised that they should rather go upstairs to chat on the balcony.”
The judgment stated en route to a patio, they had to go through the MMC’s bedroom.
“They had a brief discussion where [MMC] advised her that he knew that she had never approved of him. She stated that as her husband’s friend she didn’t have to like him, only respect him.
“Since the conversation had turned uncomfortable, she advised [MMC] that she was going to try and wake her husband up downstairs. As she reached the bedroom door, she realised that [MMC] had locked it behind him when they had entered.
“He turned to the bedside table and picked up gum to chew. After doing so, he tried to kiss her.”
In her evidence to the panel, she said she resisted but “was now met with him tugging at her leggings and trying to undress her”.
“He dragged her to the bed by her shoulders, placed his knee on her to steady her, and continued to try and kiss her and pull her leggings off. She repeatedly screamed ‘No!‘ but no one came to her assistance.”
She had hoped that one of the MMC’s children would hear her.”
The judgment said she told the MMC that he was a rapist.
“After 15 minutes of struggling, and as she was about to give up, [MMC] seemed to have a change of mind. He stated to her that she was trying to make him into something he is not. He repeatedly asked her if they were okay, and whether she was going to tell their respective spouses.”
The MMC in his evidence denied being forceful to the complainant. He said he went to his room to charge his phone and she followed him.
“She then started to kiss him. He said it was not unusual for the lady of the house to organise surprises, and he is a man, and so he played along and kissed her back,” MMC’s evidence in the report read.
“They ended up on the bed, with (complainant) straddling him and kissing him. (MMC) stated that she was keen to have sex with him at that point. He then turned her around and she suddenly had a change of heart and said ‘No! No!’. With no explanation, she then got up from the room and asked him to bring her phone that she had left on his bed.”
The MMC said he believed the case was a political plot to get him out of office.
“In their own findings and judgment, ActionSA states that a finding could not be made that I had attempted to sexually assault the complainant.
“I have since instructed my attorneys to take these findings and the accompanying sanction for judicial review.
“I will be approaching the courts to clear my name,” he said.
The judgment stated that the MMC’s wife testified that her children had been at the house and that they were asleep.
The ActionSA judgment said the pending criminal investigation, whether it concluded that the alleged sexual assault took place, or that what occurred was consensual did not bar the party from terminating the MMC’s membership.
“[MMC] has brought the party into disrepute as set out in the charges before us. This does not speak to the guilt or not. It speaks to reputational issues which directly pertain to ActionSA.
“In his own version, [MMC] was prepared to sexually engage with the wife of one of his staff members in political office, and allowed himself to be placed in a compromising situation in his own matrimonial bedroom.
“He has further placed the party at risk of civil litigation, which is unbecoming of someone with his stature,” the judgment read.
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