Jailed teacher cleared of rape

A former teacher has been freed after three years in jail after his conviction and life sentence for rape were set aside because of new evidence.

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Durban - A former teacher from Richards Bay, who spent the past three years in prison serving a life sentence for rape, has to start rebuilding his life after his conviction and sentence were set aside because of new evidence.

The teacher, 45, of Empangeni, who cannot be named because the alleged victim is a relative, was released from Qalakabusha Prison earlier this month.

He was released after Pietermaritzburg High Court appeal judge Rashid Vahed and Acting Judge Pingla Hemraj set aside the conviction and life sentence.

Although his case is not over yet as the appeal judges ordered that it go back before the trial court next month, the teacher is relieved that he has got back his freedom.

The court ordered that the rape case be sent back to the trial magistrate in the Richards Bay Magistrate’s Court to hear new evidence from the victim and any other necessary evidence to decide on the case afresh.

The teacher was convicted of the 2010 rape of his 12-year-old relative in the Richards Bay Magistrate’s Court in 2013.

The teacher’s attorney, Mthokosizi Mazibuko, who acted in the case pro bono, said the young girl, who is now 18, had said in an affidavit that she had been mistaken and that she had been raped by another man, not the teacher.

“The complainant approached a relative about the matter and the relative alerted a prisoner rights organisation.”

The teacher will have to appear in court next month for the matter.

Durban-based organisation Justice for Prisoners and Detainees Trust, which had been approached by the family for help, said the teacher had been released from prison on July 10.

While the teacher could not be reached for comment on Wednesday, Justice for Prisoners chairman Derrick Mdluli said the man was trying to rebuild his life.

“I spoke to him this week and he is overwhelmed. He said he does not know where to start to put his life together. While he was in prison, his home was severely damaged, so he is working on fixing it. He also needs to find a job because he was dismissed when he was convicted.”

Mdluli said the man, who also used to teach children how to swim, wanted to get back into teaching and did not harbour any ill feelings towards the young woman.

“He holds no grudges against her. She visited him in prison and thereafter decided to go to the police station to make an affidavit of the new evidence. We are going to try to help him get his job back once this matter is finalised.”

Mdluli also said despite the court’s granting an order to release the teacher in June, he spent a further two weeks in prison because of administrative issues.

“We are looking at the possibility of bringing legal action against the prison authorities for keeping him in prison after the order was granted by the court.”

National Prosecuting Authority spokeswoman Natasha Kara confirmed the case and said a “further and better affidavit” would have to be obtained from the complainant, as she was recanting her earlier evidence before the trial court.

Approached for comment on whether the Department of Education would consider rehiring the teacher if he was acquitted by the magistrate’s court, KwaZulu-Natal MEC Mthandeni Dlungwane’s spokesman, Kwazi Mthethwa, said the department had not been officially informed of the case as yet.

“The MEC respects the rule of law and the justice system. Once the matter is before him, he will consider it.”

kamini.padayachee@inl.co.za

The Mercury