Top state official on rape charge refused bail

Newly appointed Eastern Cape director-general Loyiso Mbabane burst into tears after the East London Magistrate's Court denied him bail yesterday.

Mbabane, accused of raping a relative, was arrested on Friday.

He officially took up the position on January 5.

His bail application began on Monday and culminated in magistrate Merwin Meyer saying yesterday it would not be in the interest of justice to release him as he might interfere with witnesses.

Mbabane is expected to appear in court again on March 24.

The state asked for the postponement for further investigation.

Yesterday, the courtroom went quiet when Meyer refused him bail as his supporters - including his partner - wept. The complainant, who cannot be named, had been living in a flat belonging to him. She told investigators the abuse started 10 years ago in their rural homestead when she was 15.

Meyer said Mbabane's right to personal freedom had to be weighed against the interests of justice and the rights of the complainant.

"We have a woman who was in your care and whom, according to evidence, you have sexually abused for over 10 years.

"She has complained to family members in the past. But it is clear she was particularly vulnerable because she was orphaned and dependent on your care.

"There is a likelihood that you would influence the witnesses because you have done that before," Meyer told a teary Mbabane.

The court found that none of his personal circumstances, including his top government post, constituted "exceptional circumstances" which warranted bail being granted. He found that it would not be in the interest of justice if he granted the administrator bail.