- Conviction for assault with intent to cause serious bodily harm stands.
- Complainant's account supported by J88 medical report and hospital treatment.
- Court stated that the sentence was lenient given the severity of the attack.
When Siyabonga Sphelele Mthiyane entered Azaadville Clinic on 19 August 2020, he was in severe pain, semi-conscious, and unable to urinate after being repeatedly kicked in the genitals.
He had been slapped in the face, dragged into an office, and attacked by a group led by his employer, Imraan Chohtia. The assault left him barely able to move.
Staff at Azaadville Clinic provided him with an injection and medication to stabilize him before transferring him to Carletonville Hospital, where doctors later confirmed his injuries in a J88 medical report. For Mthiyane, who told the court he “felt dead” during those hours, the assault was both humiliating and life-threatening.
Claims of extortion
Chohtia denied assaulting Mthiyane. He testified in the South Gauteng High Court that he went to the dealership that day only to meet a Warrant Officer Bester about a stolen vehicle case. He claimed the complainant made up the assault allegations to extort money, citing SMSes and calls that supposedly demanded amounts from R700 to over R2.6 million. However, he provided no phone records or independent witnesses to support his claims.
Judges remarked that without evidence, the extortion story seemed speculative and only served to deflect blame. The fact that Mthiyane was taken for emergency care in the same area where Chohtia lived was another detail the court found hard to overlook.
Court reviews the evidence
The defense called Bester, who said he was at the dealership that day but did not see Mthiyane. However, his account fell apart under questioning. He admitted a cellphone recording was played at the dealership, which Mthiyane also testified about. He reported seeing blood and broken glass, consistent with the complainant’s evidence. The judges concluded that both Bester and Chohtia presented testimonies aimed more at protecting themselves than revealing the full truth.
In the end, the court found Mthiyane’s testimony to be consistent and supported by strong medical evidence. Even if he could not identify which assailant struck each blow, Chohtia was determined to have acted with others in the assault. His appeal was denied, and his conviction for assault with intent to cause serious bodily harm was upheld.
The original sentence, three years in prison fully suspended for four years, requires him to pay R150,000 in compensation and avoid further assaults. The High Court described it as lenient given the brutality of the attack Mthiyane experienced.
“The complainant’s evidence, despite peripheral inconsistencies, is truthful and reliable in its material respects,” reads South Gauteng High Court judgment.
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