Demonstration opposing bail for Themba Dumisani Mathibela.
31 May 2014
There were scuffles at the Khayelitsha Magistrates Court on Thursday as members of the public refused to leave the bail hearing of Themba Dumisani Mathibela, the pastor of Living Word Tabernacle Church, who is accused of rape.
The pastor testified that the sex was consensual and claimed that he had evidence to prove that he was in a relationship with the two women who have accused him of rape. Mathibela admitted to having extramarital affairs but claimed that he had text message correspondence between him and his accusers that showed the sex was consensual.
Prosecutor Sizo Dlali has challenged the authenticity of the messages. On Thursday afternoon the hearing was postponed before the messages could be read out. But on Friday, after argument from the prosecutor opposing the reading of the messages, the magistrate ruled that they were admissible. The pastor read into the record these text messages as well as entries in the diaries of the accusers.
The trial has attracted huge interest in the Khayelitsha community. Demonstrations in support and against the pastor have taken place outside the court.
On Thursday people coming to court for other reasons had to squeeze through the large crowds when their names were called. And it was hard to find seating inside the court building because of the immense interest. Police tried in vain to get members of the public to vacate the court until Mathibela’s hearing began.
Magistrate Gary Haremse ordered the public to evacuate the court. There were scuffles and additional police were called as some people refused to leave. The magistrate called an adjournment until officials had found a solution.
Demonstration in support of Pastor Themba Dumisani Mathibela.
Mathibela has pleaded to be released on bail because he is the breadwinner and has five children including a four month old baby. He said his family had no other source of income.
The state is opposing bail, arguing that the pastor’s release might have a negative impact on the community, that his safety might be at risk and that he might interfere with the state’s case.
According to the state, the pastor claimed that he knew top lawyers, judges and magistrates which would make it impossible for the women to prove their case.
On Friday the hearing had to be adjourned early because a computer ran out of power and the state couldn’t play recorded evidence it wanted to enter into the record.
The hearing continues on 3 June.
Photos by Johnnie Isaac.