Former State Capture Commission Evidence Leader testifies about sexual assault at the hands of a former acting judge

Advocate Mpho Rasivhetshele recalled the afternoon in December 2019 when she was sexually assaulted, allegedly by attorney Vuyo Mtati. The former acting judge earlier pleaded not guilty to the charge – but offered no plea explanation. The trial began today in the Johannesburg Magistrate’s Court. 

Rasivhetshele described how soon after arriving at a colleague’s birthday party, she was approached by Mtati, someone who she was unfamiliar with. She says he immediately started an inappropriate conversation with her, saying he would take her home and he considered her to be his partner.  

The complainant told the court that Mtati, who reeked of alcohol, would not stop harassing her despite her attempts to avoid him at the party. “He made references to my body and taking me home. He said ‘there is nothing you can do, I am a judge’. He said ‘you are my woman’.” 

It reached the point that on two occasions, Rasivhetshele approached the host of the party and another friend to intervene – telling them that the accused was harassing her. On both occasions, Mtati was spoken to. “I was not comfortable around this person. I did not want to be around that person. I was very uncomfortable. I avoided the accused like the plague. But to my surprise, he was persistent like he was not spoken to the first time and the second time. He persisted, like he’s untouchable and he could do what he wanted to do.”  

After extensive harassment, Rasivhetshele decided she would leave the party, but she had to pass Mtati to reach the exit. “As I was passing I felt his hand on my genital area. He squeezed. I felt his fingers on my genital area. It was painful because he squeezed aggressively. I have never been violated like that. I remember looking back, and he had this grin on his face, like he was happy he’d just did what he did.”  

During cross-examination, the defence counsel accused Rasivhetshele of “making big uneccessary scene” on the night of the party, and of maliciously using the accusation of sexual assault to “settle unknown scores”. The defence counsel further criticised the complainant because she did not immediately report the matter to the police. 

The matter continues tomorrow Friday, 26 August.