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Their abhorrent conduct appears, at face value, to be criminal in nature. Approaching a complainant with the intent to persuade or pressure them to withdraw charges constitutes an attempt to defeat or obstruct the course of justice.

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Sizwe sama Yende

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The mayor of Ba-Phalaborwa municipality in Limpopo, Merriam Malatji, has been accused of shielding a senior manager who allegedly raped an intern.

Democratic Alliance (DA) caucus leader, Lebo Rakoma, has called on the ANC to remove Malatji as mayor other she should voluntarily resign.

The alleged rapist has since committed suicide after the intern laid a rape charge at Namakgale police station in July.

Rakoma said in a statement that, according to the complainant, Mayor Malatji, accompanied by ANC councillor, Thompson Nkuna, visited the intern and her family in an attempt to coerce her into withdrawing the the charge.

“A phone containing a voice recording of the encounter, which has since been leaked, has been submitted as evidence. The complainant alleges that the Mayor and Nkuna stated that they were sent by the accused, who sought forgiveness, was willing to meet with her family, and offered to provide monetary compensation in exchange for the charges being dropped,” Rakoma said.

Malatji did not respond to written questions. Limpopo ANC spokesperson, Jimmy Machaka, also did not. Cooperative Governance, Human Settlements, and Traditional Affairs MEC, Basikopo Makamu, was not available to comment.

Rakoma saud that Malatji and Nkuna’s actions  were utterly unacceptable—especially in light of the recent global campaign of 16 Days of Activism Against Gender-Based Violence.

“Their abhorrent conduct appears, at face value, to be criminal in nature. Approaching a complainant with the intent to persuade or pressure them to withdraw charges constitutes an attempt to defeat or obstruct the course of justice. Alternatively, the incident may amount to intimidation under the Intimidation Act,” he said.

Rakoma added that both Malatji and Nkuna may have contravened the Code of Conduct for Councillors. The mayor, said Rakoma, has seemingly violated her Oath of Office, which requires her to "uphold the Constitution and all other laws, and hold her office with honor and dignity."

He said that the ANC should also account about its members’ actions.

“The Speaker of the Council is required to act and investigate the matter in terms of the Municipal Structures Act and the Councillors’ Code of Conduct. The DA will be calling for a special council meeting and will give notice of its intention to move a motion for the removal of Mayor Malatji.”

Rakoma said that the DA would ask Makamu  to launch an investigation.

“The DA will not rest until Mayor Malatji is removed from office, justice is served, and the integrity of women restored,” he said.