Club Med manager denies rape charge, says sexual encounter with guest was consensual

Two sharply different versions presented to court

The accused, a 35-year-old French national, told the court through his attorney that the complainant had invited sexual activity, “pulled down his own pants and asked for oral sex,” and that the manager performed the act. The manager said the encounter occurred in his staff flat about 300 metres from the room where the teenager’s parents were sleeping.

The state’s version, set out in an affidavit by Investigating Officer Sergeant Sanele Patrick Gama, says the teenager had been given alcohol by the manager and was then so intoxicated he was “paralysed” and unable to stop the manager removing his pants and performing oral sex. The charge sheet and Gama both allege the acts happened without the teenager’s consent.

Complainant’s condition and identification

Gama said the complainant remained traumatised and was “emotionally and psychologically” unfit to testify, and that he was “under severe distress and mentally distressed.” The affidavit also stated the teenager had identified and pointed out the manager, and that video footage would be led as evidence.

Details from the accused’s bail affidavit

In a 61-paragraph bail affidavit, the manager said he first met the complainant at the resort’s main bar on July 19, invited him to join his table, and later reconnected when the boy and his parents returned from a safari. He said the complainant watched him dancing at the bar, later joined him at about midnight, and agreed to go back to the manager’s apartment where, the manager said, the teenager asked for oral sex.

The manager said he stopped immediately when the teenager asked him to because of a girlfriend, that the complainant dressed and left at about 3am, and that he later tried to call the teenager on WhatsApp. He also said the complainant told him he was 20 and lived in London, while the charge sheet places the complainant at 18.

Bail, conditions and prosecution concerns

The manager was granted R5,000 bail after a three-day application. Conditions set by the court include handing over his French passport, staying at a Salt Rock guest house for the duration of the case, reporting to the Umhlali police station every Monday, and not contacting state witnesses or leaving the country.

Gama opposed bail under Schedule 5 of the Criminal Procedure Act and argued the accused was a flight risk, saying the state could not verify the man’s work permit and that the accused initially refused to hand over his passport. The manager offered his passport, the R5,000 bail, reporting conditions and an undertaking not to approach any point of departure.

Employment and investigative status

The affidavit records that the manager came to South Africa on an intra-company transfer permit issued in Paris that authorises him to work for Club Med SA for 18 months and that it expires in September 2027. It also stated he was suspended by his employer, Tinley Leisure, on full pay pending an internal misconduct investigation and was barred from the resort and from contacting staff or guests.

Gama said the investigation was almost complete but listed outstanding items including consultation with the teenager, statements, SAP69 records, blood and urine sample results, and a DNA report. “I therefore humbly submit that it is not in the interest of justice, there are no exceptional circumstances warranting the applicant being released on bail,” the affidavit said.

Charges and next steps

The charge sheet alleges that on the rape count the accused “unlawfully and intentionally committed an act of sexual penetration – by inserting the complainant’s genital organ into his mouth,” and that on the sexual assault count he “unlawfully and intentionally sexually violated the complainant – by removing his pants and fondling his genital organ.” Both counts allege these acts occurred without the complainant’s consent.

The manager denies the allegations and intends to plead not guilty. He was arrested on July 23 and first appeared in court the next day.