The bail application of a pastor accused of raping an 11-year-old girl took an unusual turn when the suspect's wife submitted a police affidavit stating that her husband is impotent and unable to engage in sexual activity.
Pastor Mawela Samuel Ngwana (66), a pastor at Unity Church in Khubvi, is alleged to have lured a girl who had come to buy items at his spaza shop in Matangari Tshiawelo, where he allegedly raped her.
The incident allegedly occurred a few weeks ago. The girl was reportedly threatened not to disclose the ordeal to anyone, but she later told family members about what happened. Her parents immediately reported the matter to the local police.
Ngwana was swiftly arrested and has already appeared at the Thohoyandou Magistrate's Court. He appeared again on Monday, 17 November, to apply for bail.
His bail application, which was in the form of an affidavit, was read by his legal representative, Advocate Rinae Tshikovha. The application was postponed overnight due to time constraints.
Tshikovha addressed the court on Monday and completed his submissions on Tuesday. The state prosecutor presented its arguments on Tuesday and concluded the same day.
In his address, Tshikovha described his client as a suitable candidate for bail and argued that the state does not have a strong case because it had not conducted DNA tests.
He also told the court there were exceptional circumstances, citing ill health including high blood pressure and diabetes, conditions for which Ngwana has been receiving medication for the past five years. He submitted documents from health institutions to support this claim.
Ngwana's wife also submitted an affidavit stating that her husband's manhood has not been active for the past five years and that he is unable to perform sexual acts.
In its submissions, the state indicated it has a strong case and that if convicted, the suspect could be sentenced to life imprisonment.
The state also argued that there were no exceptional circumstances warranting his release from custody.
Judgement is scheduled for 25 November.