Accused in Brutal Assault of Security Guard at East London Hotspot Seek Mediation
East London – Three men accused of brutally assaulting a security guard at Ebuhlanti Marina Glen on 30 December are seeking to resolve the matter through mediation, according to their lawyer. The incident, which occurred at the popular East London hangout spot, has sparked public outrage and drawn the attention of local politicians and community leaders.
The victim, 34-year-old Xolisile Nogwele, was allegedly attacked by at least four men after asking them to move their vehicle, which was obstructing another car from leaving the parking area. In a Facebook post detailing the ordeal, Nogwele stated that one of the attackers grabbed him by the neck, and when he pushed the man away, others joined in the assault, kicking and beating him as he attempted to shield his face. A bystander captured the assault on video, showing the men attacking Nogwele until he managed to escape, leaving behind his baton, which was reportedly taken during the attack.
Luxolo Sodawe, Lutho Pamali, and Mfezeko Sodawe appeared briefly in the East London Magistrate’s Court on Tuesday, facing charges of common assault. Mfezeko Sodawe was added as the third accused after the initial arrest of the other two on New Year’s Day. All three men have been released on warning.
The courtroom was filled with prominent figures, including leaders and members of the EFF and the ANC, as well as Buffalo City Mayor Princess Faku, whose metro owns Ebuhlanti Marina Glen.
Nqaba Nomvete, the attorney representing the accused, stated that his clients are remorseful and have reached out to the victim's family in an attempt to resolve the matter out of court. "They have reached out to the family. The family said they will get back to them regarding the negotiations and apologies," Nomvete said. "We cannot dispute the fact that the fight happened there, but we can only look at how it happened as far as the law is concerned."
Nomvete further explained, "A video showed what it showed, but my instructions from my clients are different. My clients are remorseful. They want to deal with this on a mediation-type approach before going back to court." He also noted that his clients have been negatively affected by the social media reaction to the incident. "It’s frustrating because one of them is facing a disciplinary hearing at his workplace due to social media [attention]. Too much damage has been done (to the accused). It’s just that social media and the (traditional) media gave it the attention, but this is a common assault case, which is a Schedule 1 offence," Nomvete added.
Eastern Cape police spokesperson Brigadier Nobuntu Gantana confirmed that the accused are facing charges of common assault.
Attorney Thabo Mantyi, who is assisting Nogwele pro bono, said his client was "shocked and shaken" by the incident, but is now "better" after receiving medical attention and being assured that he will receive justice. "He was injured and taken to a medical facility. After I explained to him the process and the fact that I will fight for him to get justice, he is comforted," Mantyi stated. He also mentioned that he was not aware of any mediation attempts between the accused and Nogwele. "If they do approach [him], we will consider that," Mantyi said.
Mantyi expressed hope that the police and prosecution would present a strong case against the accused. "The difficulty here is that we don’t know the version of the accused. From what I saw on the video, [the incident] does look like it would be bordering between the assault with intent to cause grievous bodily harm and a common assault," he said.
Mayor Faku has called for the accused to publicly apologise for the incident, stating, "The incident was humiliating to the employee of our contractor. I interacted with the security guard together with my wellness team. This person was safeguarding our infrastructure."
Provincial EFF leader Zilindile Vena has also weighed in on the matter, saying, "We stand in solidarity with the complainant who was attacked by these hooligans. We will monitor this case very closely, including the behaviour of the accused as they are out on warning. We will defend the community of East London if these men continue behaving badly outside."
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