A Harare court has delivered its verdict in the high-profile case of a manager at a popular Nando’s outlet, who was accused of raping a female colleague on two separate occasions.
Xolisani Gama, 47, walked free from the courtroom on Friday after being acquitted of the charges.
The case, which had captivated the public’s attention, centred around allegations of sexual assault that took place in November 2022 and September 2023. The prosecution claimed that Gama had forced the complainant into a secluded room on two separate occasions and subjected her to sexual assault.
Gama, however, vehemently denied the charges, maintaining his innocence throughout the trial. His defence lawyer, Tafadzwa Muvhami, argued that the complainant’s account of the events was inconsistent and unreliable, highlighting discrepancies in her testimony regarding the dates and times of the alleged assaults.
“My client did not rape the complainant,” Muvhami asserted. “The circumstances she is alleging are incorrect. The alleged place, date, and time of the alleged rape do not correspond.”
The complainant, in her testimony, acknowledged that the trauma and stress associated with the alleged incidents had affected her memory, leading her to seek counselling. She also expressed fear of losing her job if she reported the assaults.
The defence countered this argument, suggesting that Gama, not the complainant, would have been the one to lose his job if the allegations were reported.
Further adding to the complexity of the case, the defence alleged that the complainant had sent nude pictures to Gama’s mobile phone. The complainant vehemently denied this allegation, adding that three of her co-workers had resigned after experiencing sexual harassment.
The court, after careful consideration of the evidence presented, ultimately found Gama not guilty and acquitted him of the rape charges. The State’s case, which relied heavily on the complainant’s testimony, failed to convince the court beyond a reasonable doubt.
