NPA accused of failing victims as rapist released after sentencing

Public outcry has erupted following a controversial court decision to grant bail to a convicted rapist, just four days after he was sentenced to eight years’ imprisonment.

The National Prosecuting Authority (NPA) is under increasing pressure to challenge the bail decision, which has left rights groups and members of the public questioning the justice system’s commitment to addressing gender-based violence.

The man at the centre of the storm, Lulama Elvis Ray Mpahla – a traditional healer from Duncan Village in the Eastern Cape – was found guilty of raping a young woman under his spiritual guidance in Kempton Park in 2021. The survivor had been undergoing an initiation process under Mpahla’s mentorship when he allegedly lured her to a hotel room under the pretext of discussing her training and delivering a message from her ancestors.

During what was presented as a spiritual consultation, Mpahla raped the woman under the guise of performing a healing ritual. According to Sonke Gender Justice, the survivor later consulted other traditional healers who unanimously confirmed that the act bore no resemblance to any legitimate healing practice. It was, they said, a clear case of exploitation.

The matter was initially reported to the Kempton Park Police, and the case was subsequently taken up by the NPA. Mpahla was sentenced earlier this month but was unexpectedly granted bail pending appeal just days later – a decision that has sparked fierce criticism from advocacy organisations.

Bafana Khumalo, Sonke Gender Justice’s co-executive director, condemned the bail, emphasising the gravity of the case.

“He took advantage of a vulnerable initiate under the pretence of spiritual guidance. This was not part of any recognised ritual,” Khumalo said.

Mpiwa Mangwiro-Tsanga, the organisation’s policy and advocacy manager, acknowledged that while bail pending appeal is a constitutional right, it must not override the interests of justice.

“Rape is one of South Africa’s most pressing social crises. Granting a convicted rapist bail days after sentencing weakens the justice system’s deterrent message to other offenders,” she said.

Mangwiro-Tsanga added that Sonke had closely followed the case since 2021, offering continued support to the survivor throughout numerous legal setbacks and incidents of secondary victimisation. Despite these challenges, the survivor remained resolute.

“We hope this case sends a strong warning to those who exploit spiritual authority to commit acts of violence, particularly within the traditional healing community,” she said.

In solidarity, the NoRegulationsForHealersWithoutHealers campaign also voiced its anger over the decision.

“This is not justice. When a convicted rapist walks free on bail, it reopens wounds, betrays trust, and undermines the truth spoken by brave survivors. He may be walking among us, but he is not free – he is a rapist, found guilty in a court of law.”

At the time of publishing, the NPA’s Gauteng spokesperson Phindi Mjonondwane had not responded to requests for comment.