A Congolese man arrested in connection with the Zanzou nightclub assault incident says he was surprised by the charges brought against him and intends to plead not guilty.
“I was surprised by the allegations which were made against me,” said the suspect in his bail application affidavit.
He is facing eight counts of compelled sexual assault and six counts of assault with intent to cause grievous bodily harm. There is a possibility more charges could be added.
On Friday the 41-year-old made a formal bail application in the Pretoria magistrate's court, saying he could afford R3,000 bail and was willing to abide by any bail condition.
In an affidavit, read to the court by his defence attorney Nakedi Mamogobo, the man — who cannot be named in terms of a court order — said he has a valid asylum seeker temporary visa that allows him to work and study within South Africa's borders.
He said he did not possess a passport and did not intend to apply for one as he did not have any intention to return to his home country, the Democratic Republic of Congo.
He confirmed he has family and business ties outside South Africa but has not been in contact with any of his family as he intends to be naturalised in South Africa.
The man, from Sunnyside, Pretoria, said he has been residing at his rental place for more than five years.
“I have long-standing and deep-rooted ties to the community in which I live. I consider this to be my permanent home where I am domiciled.”
He told the court he has three children, two girls and a boy, who are financially dependent on him.
Mamogobo said his client owned some movable property with an estimated value of R250,000.
He was employed as a general worker and a bouncer and earned about R15,000 per month.
The 41-year-old said the money he earned was for the upkeep of his family home and maintenance of his children. He said he was responsible for paying the rent and children's school fees.
He told the court he was visiting his cousin when he was arrested on February 20 in Brakpan, Ekurhuleni.
He alleges that during his arrest, police did not identify themselves and he was only able to deduce they might be police officials by the uniform they were wearing at the time.
“I was manhandled in the worst way possible and at the time I was alone in the residence as my cousin had gone to work. The police then ransacked the residence. What they were looking for I still do not know. I was never shown any search and seizure warrant.
“The police found R8,000 in the room I was occupying and the money miraculously disappeared from their possession as, by the time I was booked or detained at the Brooklyn Police station, the money was not registered in my SAP 14 form,” he said.
He also alleged he was assaulted after his arrest by police.
“I was tortured by the police as I endured being waterboarded and assaulted for a period of +- six hours by the arresting officers. I was only made aware of the alleged offences which I am being charged with after being detained at the Brooklyn police station.”
He tried unsuccessfully to open a case after his assault.
The man claimed the state has a weak case against him and that none of the victims had pointed him out during the identity parade.
The state opposed his bail application, saying he was a flight risk and possible danger to the community.
It argued that his safety was also at risk as the community knewwhat he looked like from videos and was furious because of the crimes committed against South Africans by foreign nationals.
It also argued that his visa was expiring in July and that witnesses feared for their lives.
The case was postponed until April 3 for arguments and a possible bail verdict.
TimesLIVE
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