With witnesses contradicting one another on what transpired during a chaotic church event last year, a well-known Port Elizabeth doctor accused of slapping a teenager was acquitted of the assault charge on Friday.
Shortly after the court’s decision, Dr Mfundo Mabenge, 50, who heads up Dora Nginza Hospital’s gynaecology and obstetrics department, said he was relieved his name had finally been cleared.
His case was dismissed after defence attorney Brian Maqungu had brought an application in terms of Section 174 of the Criminal Procedure Act for Mabenge’s early discharge at the close of the state’s case in the Port Elizabeth Magistrate’s Court.
It was alleged that Mabenge had assaulted Abongile Bulo, 16, at the Seventh Day Adventist Church in Summerstrand on November 11 2017 – but he has always maintained his innocence.
“I feel vindicated at the dismissal of this hideous case levelled against me,” he said.
“As a God-fearing individual and upstanding member of the society, words cannot describe the turmoil and damage these outrageous charges caused to me and my family.
“I am happy that the court dismissed these frivolous accusations. I am also sad that the reputation of the church was dealt a huge blow.
“I will be discussing with my excellent legal team on a way forward but for now I need to spend time with my family who have been badly affected and always supportive when everyone turned against me.”
Magistrate Thabisa Mpimpilashe discharged Mabenge, though she found that an assault had taken place.
She said there was no compelling evidence to convict him.
“The assault did take place, but the manner in which the witnesses differed in how it happened shows there is no evidence that can allow this court to convict the accused,” she said.
Mpimpilashe said testimony of the four witnesses differed and they even contradicted each other, resulting in her decision.
Citing another reason for the discharge, Mpimpilashe said Bulo had told the court she was struck four times with fists and an open hand, but the medical report showed she sustained no injuries.