Deputy principal Vuyokazi Gana has escaped the possibility of life imprisonment after a KuGompo City court found that she had no case to answer on six of the charges against her, including three trafficking-related counts carrying a maximum sentence of life imprisonment.
Gana appeared in the magistrate’s court on Wednesday as her defence team secured a major victory through a Section 174 application, arguing that the state had failed to present sufficient evidence to warrant her being put on trial on the charges.
Presiding magistrate Thembekile Malusi ruled that there was no prima facie case against Gana on the first three counts and their respective alternative counts.
The main charges related to trafficking in persons for the purpose of exploitation, while the alternatives related to involvement in trafficking in persons.
The state had also withdrawn three other charges — counts four to six — relating to “procuration” in contravention of Section 10 of the Sexual Offences Act.
The ruling effectively removed the most serious allegations against Gana, three of which carried a maximum prescribed sentence of life imprisonment.
However, Gana’s legal battle is not over.
Malusi ruled that she still had to answer to the remaining charges relating to keeping a brothel and benefiting from the proceeds of a brothel.
Following the ruling, Gana was granted bail of R10,000, reduced from an initial R15,000 after the court found the original amount was too high for her.
Malusi imposed conditions that Gana may not leave the KuGompo City magisterial district without reporting to the presiding officer and may not contact any state witnesses in the case.
She must also attend court on every day that the court sits.
“Your status has now changed, bail is now set at an amount of R10,000,” Malusi told Gana.
“In the event that you pay the amount set for bail, the following conditions are in order.
“You are not allowed to leave the magisterial district of East London without reporting to the presiding officer [in your case].
“You are not allowed to contact the state witnesses in this trial.
“In the event that you pay the bail amount, you must attend court on each day which the court sits,” he said.
Gana’s defence attorney, Yandiswa Sonamzi, said her client had consistently maintained her innocence.
“We can’t really say we are feeling anything because tomorrow we still need to come here and answer to the charges [seven to eight].
“However we are happy with the outcome of today that the accused has been discharged for count one up to count six.
“The accused has maintained her innocence throughout the proceedings, and today the court was of the opinion that she does not need to answer to charges one to six.
“Tomorrow we will be here again to prove her innocence in counts seven to eight,” Sonamzi said.
Gana was embraced by family members who had attended court to support her and declined to speak to the media.
The court also rejected an application by the defence for Gana’s evidence to be heard in camera because she might “name the witnesses” and reveal their identities.
Malusi said there was no basis for granting the request, saying Gana was educated enough to understand how to conduct herself when referring to witnesses.
In handing down his ruling on the Section 174 application, Malusi said he would not provide reasons for the dismissal of the six charges.
The case was postponed to Thursday at 9.30am for Gana to continue answering to the remaining charges.
The National Prosecuting Authority’s provincial spokesperson Luxolo Tyali said he could not comment immediately.
Tyali said he would only be able to provide a response after receiving a full account of Wednesday’s proceedings from the prosecutor.
