Family members and friends of Dr Justice Mulaudzi, who attended his bail application at the Thohoyandou Magistrate´s Court, went home happy after he was granted bail.

Mulaudzi (40) of Thohoyandou, has been in prison for the past three weeks, after being arrested for the alleged rape of a patient. On Monday, he was granted bail of R30 000. He is alleged to have raped a 21-year-old patient, when he was standing in for a colleague at a private surgery at Ha-Makhuvha.

The bail application, which started last week and took nearly three days, drew much interest from the community, who attended in numbers. Mulaudzi, who is clinical manager at the Hayani Hospital and a senior member of a well-known local church, received support from church members and colleagues. They were always there to lend their support.

For the state, W/O Herman Bila confirmed that Mulaudzi had faced a rape charge in Malamulele in 2006, but it was withdrawn. He said the reasons for the withdrawal were unknown and the docket had since disappeared. That case and the docket were subject to police investigations. He also confirmed that Mulaudzi’s passport had expired and had not been renewed. Under cross examination, Bila confirmed that the Malamulele case was not pending.

Adv Anton Ramaano (for Mulaudzi) questioned the issue of the seizure of the applicant’s underwear. Ramaano complained that the whole issue was meant to harras and humiliate his client as it was done in the presence of a female police officer.

Ramaano had asked that Mulaudzi be released on R5 000 bail as there were no grounds to deny him bail. He said the state was all out to portray his client as a serial rapist, which was not the case.

In granting bail, Muthambi said Mulaudzi was facing a Schedule 5 offence, which allows for bail to be granted if that will not be prejudicial to the State´s case. Muthambi said he had weighed all the evidence led by theState and found that they had failed to advance good reasons which could convince him that releasing Mulaudzi on bail could hinder the right to a free trial. He said although Mulaudzi’s case was a “travesty to the medical profession and an embarrassment to his colleagues,” there was nothing to suggest if he was released on bail he would not attend trial or would interfere with State witnesses.

He added that denying bail to Mulaudzi would not help the State in the trial. “The onus is on the State to tighten its belt and prepare adequately for the trial without any lapses," he said. Mulaudzi´s bail has conditions attached to it, that he must not interfere with State witnesses or police investigations and attend trial at all scheduled dates.

Muthambi said State witnesses were hostile to the accused and there was no way he could interfere with them and not risk being arrested. He also said Mulaudzi was not known for violent behaviour and that he was also a church elder. He is also not known to have property outside the country as he is known to have houses in Thohoyandou and Louis Trichardt.

Due to the nature and sensitivity of the matter, the clerk of the court was also ordered to facilitate that copies of the records be made available to other stakeholders who might have an interest in the case before it could be finalised.

The case was postponed to December 8.

Meanwhile, Muthambi made a ruling about the issue of Mulaudzi’s underpants after he was ordered by the police to undress and they took it away. Muthambi said it was a routine work by the investigators to investigate in a case of rape.

Mulaudzi also faces another charge of indecent assault involving another patient, which was allegedly committed on the same day of the alleged rape. The two alleged offences were committed on 28 September this year.

Relatives and friends were seen rejoicing after the granting of the bail. His wife, Israel, a well-known gospel singer, was overhead thanking those who supported the family during their time of need.