ANC supporters celebrated the release on bail of a councillor who was arrested on charges of rape over the weekend.
Kenneth Mgaga, 36, was granted R2,000 bail in the Wynberg magistrate’s court on Monday for allegedly raping a 28-year-old woman on December 26.
A defiant Mgaga addressed the crowd that gathered and sang struggle songs outside the court by thanking them for their support and that he was looking forward to his next appearance.
This was despite the party’s Zone 13 Johannesburg branch issuing a statement for its members not to wear party regalia if they supported Mgaga at court.
During court proceedings, prosecutor Ayanda Bakana said the state was not opposed to Mgaga being granted bail as he did not have any previous convictions nor was he a flight risk.
Bakana read out the victim’s statement in which she accused Mgaga of raping her on Boxing Day.
“On the 25th of December the victim paid the accused a visit but the incident happened in the early hours of the next day when the accused took her to his place of residence. He then took the victim to her place. On the 27th she went to see the doctor and the state is in possession of the J88 and there was no harm reported,” Bakana said.
J88 is a legal document that is completed by a certified health practitioner, a doctor or nurse, documenting injuries sustained by the victim.
Bakana requested for the matter to be postponed to February 22 for purposes of trial administration.
Mgaga, who wore brown pants, a white shirt and black sneakers, had his legs shackled while sitting in the dock.
After court proceedings, jubilant members of the ANC from Alexandra told Sowetan that they did not undermine the victim’s integrity by supporting Mgaga but argued that the rape charge was rooted in politics.
Bokang Ngwenya said he believed that the charges were politically motivated because Mgaga had led campaigns that upset senior members in the ANC.
“He is being persecuted because he led the #TotalAlexShutdown and fights for people in this township. There is no other reason he was arrested,” Ngwenya said.
In 2019, pictures of Mgaga tearing down EFF posters appeared while wearing an ANC T-shirt in Alexandra before the general elections.
He was also identified as one of the ring leaders in the #AlexShutdown protests against the then Johannesburg mayor, Herman Mashaba.
In 2015, Mgaga was suspended as ANCYL Greater Johannesburg region deputy chair after insulting President Jacob Zuma and higher education minister Blade Nzimande on social media last year in the wake of the #FeesMustFall protests at Wits University.
He had posted at the time: “Ok, F*ck Jacob Zuma and F*ck Doctor Blade Nzimande, they are useless, if they can’t solve simple educational issues at Wits University then f**k them.”
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