Last week, a video showing musician Mampintsha allegedly assaulting Gqom Queen and his long-time partner Babes Wodumo emerged, an incident which landed Mampintsha in jail and ended up with both musicians laying charges against each other. Following a stance by the Mampintsha to lay a complaint against Babes, The Daily Vox spoke to legal experts to explore how the court may deal with these cases.
During the first week of March, during the early hours of Monday morning a video showing musician Mandla ‘Mampintsha’ Maphumulo assaulting fellow musician Bongekile ‘Babes Wodumo’ Simelane emerged on social media, after the Gqom Queen made a live Instagram video before she was assaulted. The video, which made rounds on social media left the nation reeling in anger, with many calling for Mampintsha’s arrest.
Mampintsha, who was arrested after he handed himself over to the police early hours of the day, made a brief appearance at the Pinetown Magistrate’s Court on Tuesday, where he was granted an R2,000 bail. The musician is back in court on Friday, 15 March.
Abuse allegation against Mampintsha is not new. In May 2018, a Metro FM radio host Masechaba Ndlovu cornered Babes Wodumo about the abuse she was enduring at the hands of Mampintsha, an act which Mampintsha didn’t take this lying down, he expressed shock over the allegation and vowed never to have laid a hand on Babes.
Mampintsha appeared at the court on charges relating to assault of his long-time girlfriend. This, after Babes Wodumo opened a case of assault against the musician.
However, after being released on a bail, Mampintsha decided to lay a counter-charge of assault against Babes Wodumo.
Counter charge, whereby an alleged assailant also lays a charge against the complainant is not foreign. The likes of media mogul Given Mkhari, have previously laid charges against their alleged victims. Mkhari, who was arrested on assault charges, after allegedly assaulting his wife Ipelen in July last year. Mkari and his wife both opened cases against each other and were arrested at the same time.
Also, Karabo Mokoena’s killer Sandile Mantsoe opened a case against his murder victim.
According to an attorney and founding director of LP Mkhize Attorneys, Lucky Mkhize, legally, laying a counter-charge against a complainant doesn’t dismiss the charges faced by the accused.
“Laying a counter charge does not dismiss or invalidate the charges he is facing.”
“It’s a counter charge as opposed to case. In addition to defending the charge preferred against him, he has laid a charge of his own which is required to be ventilated in a court of law on its own merits,” he said.
Mkhize further explains that although cases may have been opened against each other by the alleged assailant and the complainant, this doesn’t necessarily mean matters will be heard consecutively.
“The two cases will not be heard concurrently. However in light of the counter-charge the accused’s defence (in original charge it’s Mampintsha, whereas in the counter charge it is Bongekile) may request that both matters be referred to Alternative Dispute Resolution where the charges may be dropped or suspended in accordance with a settlement,” Mkhize explained.
Speaking to News24, an attorney and managing partner at HJW Attorneys Megan Harrington-Johnson said: “If charges are laid that have no veracity or grounds, you can be prosecuted for malicious prosecution and defeating the ends of justice.”
An alleged abuser may face prosecution if charges laid are found to have no grounds, Mkhize said: “He also stands to be sued in the civil court for malicious prosecution.
Malicious prosecution consists of the wrongful and intentional assault on the dignity of a person encompassing his or her good name and privacy.”
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