Qonce rape accused pastor, co-accused denied bail

A two-week bail application ended in disappointment for a church leader and his co-accused on Tuesday after Zwelitsha magistrate Eras Venter said their release would not be in the interest of justice.

Apostle Lonwabo Tede, 52, owner of Tede United and a businessman from Qonce, and his co-accused Vuyolwethu Nosisana Namba, 37, were arrested on charges of sexual assault and human trafficking.

Venter said they faced serious charges which fell under schedule 6 of the Criminal Procedure Act. He said most of the evidence during the lengthy bail application was in the form of a sworn affidavits, with the exception of the testimony of Hawks captain Lumala Jack, who took the stand last week.

Venter said he had received comprehensive heads of arguments from both state senior prosecutor advocate Nceba Ntelwa and Tede’s attorney Ronny Lesele before coming to his verdict.

In both arguments, the defence and the state failed to contest most of the information revealed in each other’s submissions, such as evidence submitted by Tede regarding his income.

Venter said considerations regarding the safety of witnesses who had come forward in the case had been a priority, and that in their affidavits both accused had failed to convince him why it would be in the interest of justice and of the witnesses to grant them bail.

“Contesting these concerns under the provisions of sections 60 subsection 5, the court further notes the fact that neither accused has any previous convictions of violence but this did not mean they could not be violent.

“The alleged modus operandi indicates extreme psychological and physical violence.

“It is noted that the witnesses had made statements and there appears to be a reason for apprehension of further witness to come forward.”

Venter said Tede held a position of authority in his community as an employer and spiritual leader, and so he could have influence on the outside.

“Should the court grant the release of Tede and allow him to return home while his patients are still in attendance I would expose those patients to conditions where they would likely suffer harm.”

Venter revealed that Tede owned a R4m house, furniture and movables estimated to be worth R500,000, his cars were worth R2m and his wife’s jewellery was valued at R50,000.

He said Tede had a monthly income of R38,000.

“But despite that, he indicated he would only be able to pay R1,000 bail.

“Due to the gravity of the charge he is facing and the means at his disposal, it’s hard not to take the suggestion [for bail] as a not-so-subtle insult to this court’s integrity and to the bail system as a whole.”

Venter said Namba had no assets or family in the area, which meant the accused could easily flee the trial.

Venter postponed the matter to January 27 for further investigation.