According to the charge sheet, Mandela Mbisana allegedly raped a woman on January 1 in Phase 6. In the second count, the state alleges that Mbisana rape another woman on January 7 in Phase 6.
Lastly, the state alleges that Mbisana raped a 16-year-old minor on February 7 also in Phase 6. His pleas on all counts were reserved because investigations are still in their initial stages.
Giving reasons why Mbisana should be denied bail, the Investigating Officer (IO), Detective Sub-Inspector Fela Phirinyane told the court the accused used violence when he committed the offences in all the counts. “The accused is a very well-known person to the complainants hence we are applying that he must be remanded in custody because we fear that if granted bail, he may tamper with our investigations. “We also fear that he may use violence on potential witnesses just like he did when he committed these offences.
The accused escaped from lawful custody when we were still questioning him. We are going to charge him with another offence, escaping from lawful custody during his next mention.
As such we fear that he may abscond from attending court if he is granted bail. The accused is also facing serious offences which we are yet to investigate further since our investigations have just commenced,” said Phirinyane.
Phirinyane also stated that one of the complainants was a teen who is seriously traumatised by what happened to her. “We have just started the process of enrolling her for counselling services before social welfare officers. Her condition may worsen if she sees the accused again if the court is minded to release him on bail,” Phirinyane reasoned.
Asked if he had anything to say concerning the application by the state that he must be remanded in custody, Mbisana who is well known by the name Nelly in social circles, admitted that he ran away after he was arrested because he was afraid. Mbisana also told the court that he was not aware that the third complainant was a minor.
At that point, Senior Magistrate Tshepo Magetse advised Mbisana not to incriminate himself. Mbisana then pleaded with the court to give him a second chance but Magetse asked him if it is in the interests of justice and society if he (Mbisana) is granted bail and goes back to the same society and location (Phase 6) where he allegedly committed the offences? Magetse also asked Mbisana if it would be fair to members of society if the court granted him bail after he allegedly committed the offences within a very short period.
In response, Mbisana said that it will not be in the interest of society, justice and fairness to do so. Magetse said at the bail ruling: “In light of the fact that the accused has acknowledged it will not be fair to society if this court grants him bail now because he is implicated in three rape cases that happened within a very short time within the same locality, the bail application is denied. Full reasons will be provided on February 27.”
