Pretoria - A police officer who was among two officers cleared of wrongdoing during an internal disciplinary by the SAPS six years ago, has been found guilty of raping the 43-year-old woman by the Springs Regional Court for the same incident.
Constable Nkopodi Alex Kgalema, 44, has been convicted and sentenced to 10 years in prison for raping the 43-year-old woman who had been in police custody after a domestic disturbance complaint at her partner’s house in August 2016.
The police officers offered the woman a lift home, but on the way, they made a detour and Kgalema raped the woman.
His partner, Constable Jabulani Raymond Kwinika, who had also been charged with rape and kidnapping, was acquitted on all charges.
Kgalema was also cleared of kidnapping, but convicted on rape charges.
In 2017, the police watchdog, the Independent Police Investigative Directorate, recommended that both officers face internal disciplinary hearings.
SAPS cleared both officers who were attached to the Springs police station.
IPID spokesperson Robbie Raburabu said the woman was raped while being returned home after they were called to the scene of a home disturbance complaint.
“On March 28, the 39-year-old Nkwinika was acquitted of all charges, while 44-year-old Kgalema was only acquitted on kidnapping, but convicted on the rape charge,” said Raburabu.
“Both members have already been acquitted in an internal disciplinary hearing in 2017 regarding the same matter after IPID recommended that they be subjected to the disciplinary hearing,” he said.
In an unrelated matter last year, two SAPS members appeared before the Molopo Magistrate’s Court in North West after they were charged for the rape of a 20-year-old woman.
A spokesperson for the NPA said at the time that the two police officers, Otshepeng Nkate, 26, and Lebogang Tladi, 36, were released on R3 000 bail each.
The NPA said preliminary investigations by IPID revealed that the complainant was at her boyfriend’s place at Lorwaneng village on March 30, 2022 when an argument broke out between her and the boyfriend.
The police were called to the scene and the woman was detained for malicious property damage, as she had broken the windows at her partner’s place.
The handcuffed woman was raped at the back of the van when the police officers took a detour and told her that they were taking her home.
“The report further reveals that the victim indicated they stopped near the Maseru entertainment place in Mahikeng, and the officer who was on the passenger side came to her, pushed her back and forcefully opened her mouth and made her swallow some sweet drink, which made her dizzy,” said the NPA regional spokesperson Harry Mathomane.
The young woman alleged that the police officer undressed and raped her.
“After this, the driver also came and raped her and all this happened while she was handcuffed,” said Mamothame.
“They allegedly took her home after the ordeal, and she was subsequently taken to the hospital for medical attention by her family,” he said.
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