Evander court dismisses affidavit in case against suspected serial rapist

The Evander Regional Court has dismissed an application by alleged serial rapist Themba Mpanza to admit an affidavit said to have been submitted by one of his victims who had allegedly withdrawn a rape charge.

The case, which dates back to 2021, involves a then-14-year-old girl from Leandra who, along with her mother, laid a charge against Mpanza at the Leandra Police Station.

According to the State, Mpanza allegedly lured the girl under the pretence of needing directions before driving her to a field near Eendracht via the R29, where he raped her.

During court proceedings, it emerged that following Mpanza’s arrest in 2021, a man posing as a police officer reportedly approached the victim’s family, claiming to have replaced the investigating officer, Sergeant Hezekiel Malapela.

The impersonator allegedly pressured the family into withdrawing the case and threatened them with legal action. He provided a pre-written statement and instructed the victim and her mother to transcribe it onto a blank affidavit, which Constable Dube, reportedly unaware of the fraudulent circumstances, later signed at the police station.

ALSO CHECK: Leandra mom survives petrol fire started by partner; toddler still in critical condition

The impersonator left with the completed affidavit but accidentally left behind the original typed version, which matched the wording and included the complainants’ names.

Malapela testified about the impersonation, which led to the eMbalenhle Police Station opening a separate case for impersonating an officer.

Magistrate Charmaine la Marque ruled the affidavit inadmissible, stating it was neither voluntarily submitted nor processed through official channels but orchestrated by an unlawful third party.

The court also heard that several victims received threatening messages from unidentified numbers. Two complainants changed their contact details to avoid further intimidation.

Mpanza faces six counts of rape, six of kidnapping and one of assault with intent to cause grievous bodily harm. The State alleges he targeted young women, many hitchhikers, by offering lifts before attacking them in isolated areas.

He has been in custody since 2021, and the court denied him bail. He later dismissed his attorney and is now representing himself.

During the recent hearing, Mpanza cross-examined one victim’s mother, pressing her about the withdrawn affidavit, which she declined to discuss.

He also disputed her description of the vehicle used in the alleged crime, claiming it was maroon, not red. On June 24, professional nurse Thabisile Nkabinde from the Evander Hospital testified, presenting J88 medical reports of her examinations of the victims.

ALSO CHECK: Standerton’s Chriszelda needs an urgent operation to remove tumour

Mpanza cross-examined her and tried to introduce a diagram of female genitalia during questioning, but La Marque instructed him to restrict questions to the J88 and Nkabinde’s findings.

Mpanza also highlighted inconsistencies between one victim’s testimony and her J88 statement. The victim, 15 at the time, said in her medical statement she was hitchhiking from Evander to eMbalenhle when a man offered her a lift.

She agreed to a detour to Secunda, after which the man took a gravel road between Secunda and Trichardt, where he raped her. In court, she testified that the route included the N17 and a gravel road past the toll plaza.

However, according to Mpanza, during her testimony, she said she was driven along the N17 and taken to a farm via a gravel road after the toll plaza.

Mpanza questioned which account was correct, but Nkabinde clarified that she could only testify about the statements made during her medical examination, as recorded in the J88. The court postponed the matter to July 28, when Mpanza will likely continue with his cross-examination of witnesses.