Alleged serial rapist accused of obstructing court proceedings in Evander

The Evander Regional Court has accused alleged serial rapist Themba Mpanza of obstructing the court during his ongoing trial on July 29.

This followed a dramatic scene in court when a witness from Tonga -who is also one of the alleged rape victims – was about to take the stand.

Mpanza interrupted proceedings, claiming that the case the witness intended to testify about was previously withdrawn in Tonga.

He further accused the court of violating his constitutional rights by allowing the witness to testify. Mpanza informed the court that he would not remain in the courtroom to hear the testimony, arguing that the matter had already been concluded in Tonga.

He also claimed that the investigating officer had failed to provide him with documentation related to the case. Mpanza requested to be taken to the holding cells, stating that he refused to participate in the witness’s testimony.

The presiding magistrate urged him to stay, assuring him he would have the chance to cross-examine the witness and raise objections during legal arguments.

Additionally, Mpanza alleged that the copies of dockets provided to him were incomplete, claiming that the complainant’s withdrawal statements were missing.

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However, he insisted on leaving and was subsequently escorted out of the courtroom. As a result, the magistrate postponed the trial to July 30 to allow Mpanza time to reconsider his decision.

The magistrate said the witness would testify in Mpanza’s absence and the court would still consider her testimony. Mpanza faces multiple charges, including six counts of rape, six counts of kidnapping, and one count of assault with intent to cause grievous bodily harm.

In three of the cases, he allegedly picked up victims while hitchhiking. In another case, he allegedly lured a 14-year-old girl from Leandra under the pretence of asking for directions.

Instead of following the intended route, he allegedly drove past Eendracht along the R29 and raped her in a nearby field. On July 31, the trial continued, and the magistrate asked Mpanza whether he intended to remain absent.

Mpanza responded that he would not sit for a case that had been withdrawn, insisting that he should instead be taken to Tonga, where he claimed to have documents locked in a safe at his home.

Mpanza also complained about the centralisation of the case to the Evander Regional Court, arguing that it had been done without his consent.
In response, the magistrate ruled that Mpanza would not be taken to Tonga.

The court emphasised that the criminal justice system allows the trial to proceed in his absence and that Mpanza received warnings about the consequences of his decision.

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The witness, who is a victim in the case, then testified in Mpanza’s absence. She recounted that she was six months pregnant at the time of the alleged rape in 2019.

According to her testimony, on the morning of the incident, she was waiting for a taxi from Tonga to her homestead in KaHoyi. A vehicle with two male occupants stopped.

The driver asked where she was headed, and upon learning she was going to KaHoyi, he offered her a ride. During the trip, the passenger in the front seat asked if they could make a stop to check on his girlfriend.

She agreed. When they didn’t find the girlfriend at the location, the driver (allegedly Mpanza) suggested that the other man stay behind at a tavern and that he would take the woman to KaHoyi himself. The man agreed.

The witness said that after leaving the tavern, the car initially drove toward her destination but then turned toward a sugarcane farm, a place she recognised for frequent traffic police presence.

The driver parked the car under a large tree. She testified that Mpanza got out of the car, retrieved a beer bottle from the boot, and returned to the driver’s seat.

He locked the car doors and allegedly instructed her to remove her clothes while threatening her with the bottle. Out of fear, she complied. Mpanza then allegedly ordered her to lie down across the car seats and raped her.

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After the assault, he allegedly drove toward KaHoyi. When they reached a bridge, he stopped, opened the passenger door, and instructed her to get out.

Fearing that he might try to throw her off the bridge, she grabbed his clothes. Just then, another vehicle approached. Mpanza allegedly pushed her to the ground and sped off.

The approaching vehicle, carrying three occupants, stopped to assist her. They took her to the police station, and she was later transported to a hospital.

Medical staff confirmed that her unborn child was unharmed. A criminal case was subsequently opened. During cross-examination, the prosecutor asked how Mpanza was arrested.

The witness testified that several days after the incident, she saw the suspect in a dream. In the dream, he was carrying a container and heading to a petrol station.

The next day, she went to that location and, to her shock, saw Mpanza approaching, carrying the same container. She called the investigating officer, who responded with backup.

The officers followed Mpanza and arrested him shortly after leaving the filling station. The State prosecutor also asked the witness if she was a sangoma, and she said yes. The trial was postponed until August 18.