Act 1 of Goddard-Doris soapie ends with Doris in jail

Everyone but the infamous Doris Mthembi was allowed to leave the Louis Trichardt Regional Court on Monday – she was ordered to go straight to jail.

The 41-year-old Mthembi wept as she was being booked in as a prisoner on Monday afternoon, after being found guilty of making a false statement in an affidavit, which is a contravention of section 9 of the Justices of the Peace and Commissioners Oaths (Act 16 of 1963). She was sentenced to 10 years imprisonment, of which four years were suspended on condition that she not be found guilty of the same offence.

This means that she effectively received a six-year direct prison sentence, bringing her court room shenanigans to a grinding halt.

The case against her relates to an incident in September 2010 when she tried to accuse her estranged husband, Goddard Tendani Mugwena, of kidnapping and raping her. When Mthembi tried to lay a charge, she told police that Mugwena had kidnapped her from Nkowa Nkowa at gunpoint and taken her to Makhado (Louis Trichardt). Here, in a guest house, he raped and assaulted her. “I screamed for help, but no one came to my rescue,” she had told the police and later the court, during her trial.

Further evidence given in court, however, not only disproved Mthembi’s account of events, but also revealed a life of sex, money and fast cars. “She [Mthembi] gave a new meaning to the phrase ‘Hell hath no fury like a woman scorned’,” was the observation of the state prosecutor during closing statements and arguments on Monday.

According to Mugwena, Mthembi pestered him about her BMW that he took back after Mthembi had left him for the TV-star Joseph Ragwala in 2009. Mthembi finally backed off when Mugwena hired another vehicle for her. This was on 31 August, when the “rape” took place. Upon Mthembi’s request, Mugwena collected her from Eltivillas and they then went to pick up the hired vehicle before booking into a local lodge for the night. They also put petrol in the vehicle, and Mugwena bought R100 airtime for Mthembi's cell phone.

Mugwena said it was not unusual for him and Mthembi to still sleep together, even though she had married Ragwala in 2010. “She told me that she had always enjoyed sex with me, and that she didn’t enjoy sleeping with Ragwala since he had had a penis enlargement, which was scary,” said Mugwena.

Mthembi tried to refute Mugwena’s version of events by providing photographs showing her injuries. She also told the court that she was not fluent in English, and that the police must have taken her statement down wrong. When cell phone evidence was introduced by the State, Mthembi claimed that the evidence was wrong and had been tampered with by conspirators within the police and prosecuting authority, trying to build a false case against her.

During his verdict, Magistrate Pat Cloete said that, based on the State’s evidence, Mthembi deserved no other sentence than guilty. Unlike the State’s evidence, which supported the case fully, Mthembi fought every point made and tried to deceive the court. “The lies kept piling up and up,” said Cloete. “You did not make a favourable impression on the court."

Cloete was referring to cell phone evidence showing that Mugwena was never in Nkowa Nkowa and could therefore not have kidnapped Mthembi as she had claimed. The cell phone evidence further showed a SIM card swop that was done, after which Mthembi phoned Ragwala from Mugwena’s phone. This happened some time while she and Mugwena were still at the lodge.

The doctor who had examined Mthembi after the alleged rape also testified that there was no indication of rape, only of sex and bruises on Mthembi’s face. This doctor also testified that the photos Mthembi handed in at the court did not show the bruises that she noted on the day she examined Mthembi. Mugwena also testified that Mthembi’s hair styles differed on all save two of the photos. He did not deny slapping Mthembi.

Based on this, Cloete said that there was no other evidence that Mthembi had provided to prove her account of events on that day, except for the statement that she had made to the police when she tried to accuse Mugwena of kidnapping and raping her. “The state proved their case beyond a reasonable doubt, and all their evidence corroborated the testimonies of the witnesses,” said Cloete.

The State argued for direct imprisonment of Mthembi. If it were not for diligent police work, an innocent Mugwena would have been sent to jail for 20 years. “In sentencing, the court will not protect Mugwena, the individual’s rights, but rather protect every South African from somebody who makes a false statement,” argued the State. “It is better for 10 guilty persons to walk free, than for one innocent person to be locked up in jail.”

When Cloete sentenced Mthembi, he not only warned her, but also the public. “You performed your testimony to the court. The court is not a stage. By sentencing you, we also show the public that you do not play in court – we’re here for the truth and nothing but the truth,” Cloete said.

In addition to her jail sentence, Mthembi was also declared unfit to possess a firearm.

In the meantime, she and Ragwala are still facing several other charges, among other a charge of conspiracy to commit murder. The husband-and-wife pair was arrested during 2009, together with Vincent Phakula (28) and Moses Ntlenana (24), two hit men Mthembi had allegedly hired to kill Mugwena.

News - Date: 08 November 2013

Isabel Venter

Isabel joined the Zoutpansberger and Limpopo Mirror in 2009 as a reporter. She holds a BA Degree in Communication Sciences from the University of South Africa. Her beat is mainly crime and court reporting.

Email: [email protected]