The surgery where Dr Ilunga Kalasa, who is facing two sexual offences charges, was practising in Kimberley will not allow him to return to work if he is released on bail.
THE SURGERY where Dr Ilunga Kalasa, who is facing two sexual offences charges, was practising in Kimberley will not allow him to return to work if he is released on bail.
Kalasa has been charged with the rape of a 17-year-old patient and the sexual assault of a 25-year-old patient.
During his bail hearing in the Kimberley Magistrate’s Court on Friday, the investigating officer in the matter, Sergeant Neo Enoch Noge, indicated that according to Dr Nhlapo, Kalasa was not employed by him.
“He related that he is there for training purposes as he still needs to write his board examinations. Dr Nhlapo explained that he is not paying him a stipend or a salary. He indicated that he would not continue to employ him at his surgery if he was granted bail,” said Noge.
He stated that, due to time constraints, he was not able to obtain a written affidavit from Nhlapo.
“I only had an hour and I had to wait for an hour to see him as he was busy consulting with patients.”
Noge added that Nhlapo had provided him with Kalasa’s medical certificate from the University of Kamina in the Democratic Republic of the Congo (DRC) that was dated May 2017.
“The certificate was translated from French to English.”
Noge stated that according to Kalasa, his wife and child had returned to the Congo as their permits had expired.
“His wife is pregnant with their second child.”
Kalasa’s legal representative, Kenneth Juries, believed that the State had a weak case
“In order for the State to prove a prima facie case of rape, there had to be forced sexual penetration. It was never placed on the record that the complainant did not give her consent. There were people in the surgery and she never screamed. After the alleged incident, she continued to consult with the doctor. She left the surgery without telling her father and family members and acted normally. It was not a sign of someone who was just raped. Unless there is DNA evidence to link my client, the charges are baseless,” said Juries.
He pointed out that his client was not on trial for being an illegal immigrant.
“There is no concrete evidence that he will evade his trial. He has a fixed address and he will not be able to earn an income if he is not employed. He is a foreigner and his family has left the city, how will he sustain himself?”
He recommended that the court could impose bail conditions to ensure that he attended his trial.
“This includes making him report to the police station on a daily or weekly basis. He could even be placed under house arrest. His bail can be withdrawn if he does not comply with the stipulated conditions.”
Juries added that his client’s wife and child would return to South Africa.
“They left as their permits were close to the expiry date.”
He stated that Nhlapo had not testified anything under oath regarding him not being willing to employ Kalasa if he was granted bail.
“This is hearsay evidence. My client has never had any sexual penetration with the victim.”
The State prosecutor, advocate Kekeletso Lekota, reminded the court that the alleged offence had sparked public outrage.
“Public peace and security is at stake. Rape is a humiliating and traumatic experience. The victim’s privacy is violated and she was robbed of her innocence. The accused abused his position and took advantage of a vulnerable girl without using any protection. He exposed her to life-threatening illnesses. A patient consults with a doctor with the hope of being healed or to save their life,” said Lekota.
She believed that denying Kalasa bail would instil confidence in the justice system.
“As a medical assistant who is known as a doctor, there is a likelihood that he may evade his trial as there is no extradition treaty between South Africa and the DRC. In expectation of being served with a maximum sentence, the accused may abscond the country.”
Lekota pointed out that no health-care practitioners, including medical students, were permitted to treat patients unless they were registered with the Health Professionals Council of South Africa.
“No person reacts in the same way to trauma. What is considered ‘normal’ behaviour after being raped? We are dealing with a 17-year-old girl who lost her mother.”
She stated that Kalasa had continued to remain in the country without a valid permit.
Lekota requested that the sexual assault matter against Kalasa also be postponed until September 5 for a possible joinder of the charges.
“The State will add further charges.”
Magistrate Natasha Bedford is expected to deliver judgment on the bail application on Monday.
National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said they were opposing the bail application, given the seriousness of the charges.
