Rape accused has ‘no objections’ to new advocate’s past ties with State prosecutor

RAPE accused Douglas Mthukwane did not raise any objections regarding the fact that his newly appointed legal representative had previously worked under the State prosecutor currently leading the case against him.

Mthukwane is on trial in the Northern Cape High Court on rape charges involving a 14-year-old girl and two women, dating back to 2016.

He appeared in court this week after his former legal representative, Advocate Renier Pieterse, withdrew from the case on July 18, citing a “lack of trust” between himself and the accused.

Mthukwane has had a number of legal representatives since the start of his trial in 2023. 

His latest counsel, Advocate Kgatwe, was appointed on August 5 under Legal Aid South Africa’s judicare programme. He informed the court that senior State Advocate Adele van Heerden, who is now leading the prosecution, was his immediate supervisor 18 years ago when he worked at the Northern Cape Directorate of Public Prosecutions (DPP).

He added that he was later transferred by the DPP to Makhanda (Grahamstown) on a promotion and has since taken up private practice.  

“I have a good relationship with Advocate Van Heerden as my colleague, and I have advised my client accordingly,” Kgatwe told the court.

He further clarified that although his wife is the chief prosecutor, she is not involved in Mthukwane’s case.

Mthukwane informed Acting Northern Cape High Court Judge Sharon Erasmus that he had “no objections” to being represented by Kgatwe.

He also indicated that he would draw up his own supplementary drafts alongside those of his legal representative for purposes of closing arguments. 

The matter was postponed until December 1.