The case against Esethu Mamlambo, the man accused of raping and killing his daughter at the start of February, was postponed to allow him secure an attorney. He made his second court appearance before the Port St John’s Magistrate’s Court on Monday, 14 November, said the National Prosecuting Authority (NPA).
NPA SAYS STATE WANTS ACCUSED REFERRED TO HOSPITAL
Community members handed Mamlambo to police on Friday, 3 February after he allegedly raped his daughter in the Ntsimbi district of Port St John’s. The child later died in hospital.
“It is alleged that before raping his infant daughter… Mamlambo had been violent towards his family members and even attempted to rape his mother,” said NPA spokesperson in the Eastern Cape, Luxolo Tyali.
The accused made his first court appearance a week ago on Monday, 7 February, and the State Prosecutor Justice Tsala asked for him to be referred for mental assessment citing his aggressive and “strange” behaviour.
Mamlambo apparently smeared himself with his poo while he was detained in the holding cells, said Tyali.
At his second appearance, on Valentine’s Day, the accused told the court that his real name was Thabo Witbooi. It turns out he has not been admitted for metal assessment, yet, as the prosecutor told the court the local health centre had requested that the court write a letter to the Mthatha Regional Hospital, for him to assessed there.
ACCUSED FLIP-FLOPS IN COURT
According to the NPA, when Mamlambo was informed of his rights he first said he wants to defend himself because his “religion does not permit that someone lies on his behalf.”
“But when that was still being interpreted, he changed his tune and told the court that he does not have money but he wants a ‘proper and honest lawyer with a proven track record,’” said Tyali.
Magistrate Fika Mgudiwa postponed the matter to 23 February for the accused to secure a legal aid attorney. However, the mental evaluation referral was not addressed.
The NPA spokesperson said Mamlambo was dragged back to the holding cells because he refused to leave the court and demanded that a lawyer be appointed to represent him immediately so that the case can be finalised.