A Makana Municipality councillor who was charged with assault with the intention to cause grievous bodily harm was found not guilty yesterday.
A Makana Municipality councillor who was charged with assault with the intention to cause grievous bodily harm was found not guilty yesterday.
Mncedisi Gojela, 40, was relieved when magistrate Ntsoki Moni acquitted him of the assault charges in the Grahamstown Magistrate's Court yesterday.
Gojela was accused of assaulting Extension 7 resident Misumzi Hlebani at his house on 8 June.
The ward 11 councillor denied using a kitchen knife to stab and also punch Hlebani in the face following an argument over an electricity meter box.
Hlebani had apparently gone to Gojela's house to request an electricity meter box from the councillor when the confrontation took place.
Hlebani told the court on Monday this week that when he arrived at the house Gojela was peeling an apple with the kitchen knife.
He said he asked the councillor to assist him to get a meter box because his house had nearly caught alight because of a candle that he was using.
Gojela apparently told Hlebani to go to Makana Municipality or to Eskom to get a meter box. Hlebani said it was after this response that he told the councillor that another man who is in Gojela's ward committee was more reliable because he was always helpful.
The councillor allegedly became angry because of these comments and started swearing at Hlebani before punching him on the face and then stabbing him on the head.
Hlebani said Gojela's brother who was inside the house eventually intervened and managed to stop the assault.
The man was taken to Settlers hospital where he was stitched on the head and later released. Hlebani claims he never fought back during the attack.
In his defence the 40-year-old councillor said the man was drunk and aggressive on the day of the incident, adding that the charges against him were part of a political of a political conspiracy.
Gojela said Hlebani went to his house to ask him to help him get his ID book and bank card back from a neighbourhood money lender the month before the incident.
The councillor says he refused to get involved because it was outside his scope of work as a ward councillor. Gojela said on the day of the incident he was coming back from town when he saw a drunk Hlebani lying in the street in front of his (Gojela's) house.
After a brief confrontation Hlebani allegedly grabbed the councillor by the back of his neck and started assaulting him.
In handing down her judgement Moni said there was not much to assist the court to ascertain what happened on that day, adding that the state bears the burden to prove its case beyond reasonable doubt.
She said she was not saying she believed the defence's version, but onus lay on the state to prove its case.
