Jail or fine for Manana co-accused?

The assault case against former deputy minister of higher education Mduduzi Manana’s two co-accused has been postponed to November 27 for sentencing.

Thulani Mdaka‚ 42 and Cyril Madonsela‚ 35‚ face two counts of assault with intent to do grievous bodily harm. They pleaded guilty on October 6.

Manana and the two men allegedly assaulted three women at a Johannesburg restaurant in August. Manana has already been sentenced. He was sentenced in the Randburg Magistrate’s Court to 12 months' imprisonment or pay a fine of R100‚000 which he opted to do.

Mdaka and Madonsela‚ clad in blue suits‚ white shirts and black shoes‚ looked relaxed throughout the court proceedings. They were accompanied by their families‚ Manana's family and four friends.

On August 6‚ the duo allegedly helped Manana to assault Mandisa Duma‚ Noluthando Mahlaba and Thina Mopipa after an altercation broke out at Cubana restaurant in Fourways‚ Johannesburg.

Magistrate Saras Naidoo heard closing arguments from the state and both legal representatives‚ Oscar Thovhakale for Mdaka and Jameson Mawila arguing for Madonsela‚ for over four hours.

During the hearings‚ Mawila suggested that his client pay a fine of R3‚000 or receive three months’ imprisonment‚ or pay a fine of R6‚000 or receive a six months’ suspended sentence.

However‚ in her report‚ probation officer Yolanda Matikinca recommended that Mdaka be given a suspended sentence provided that he attend a programme to deal with alcohol problems so that he knows how to handle himself during social situations under the influence of alcohol.

She also recommended he go for counselling.

State prosecutor Yusuf Baba said that it was not adequate enough for both the accused. He argued that just because someone feels remorseful for his actions‚ doesn't mean he is not guilty of a crime committed.

Baba told the court that a strong message must be sent to the public using facts before the court. He said that men should not use their financial power to get away with their offences.

He further argued that both the accused can't use the excuse of being parents and therefore have responsibilities when they were able to stay up until the wee hours of the morning when the incident happened.

When Manana pleaded guilty to three assault charges on September 13‚ Duma identified Madonsela in court and was arrested immediately by warrant officer Clifford Minnaar.

Mdaka fled the court but handed himself over to the police hours later after being persuaded by his friends who were in court to show support for Manana.