A surprising development emerged in the trial of three police officers accused of covering up a rape case, as the court learned that one of the officers had been cleared of wrongdoing in an internal disciplinary hearing. The defence revealed that the internal hearing, which took place nearly a year ago, had found in favour of the accused officer, whose identity was not disclosed.

The three police officers, Gugulethu, Phila Xulu, and Sanele Zuma, are facing charges related to their handling of a rape case involving a victim, referred to as Q, who is currently in witness protection. Gugulethu is charged with defeating the course of justice, while Xulu and Zuma face charges of intimidation. The case is being heard in the Durban Magistrates’ Court.

According to the state, Q was raped at knifepoint in March 2023 and later detained and intimidated by officers Xulu and Zuma into withdrawing her complaint. The alleged rapist, Zwelakhe Mashaba, was initially released due to insufficient evidence but was later re-arrested, found guilty, and sentenced to ten years in prison.

The internal disciplinary document, dated September 2024, was only recently brought to the attention of the defence, who requested an adjournment to source the original document. The defence argued that the charges in the disciplinary hearing mirrored those in the criminal case, making the document pertinent to the trial. Magistrate Mayne Mewalal granted the adjournment, acknowledging that it was in the interests of justice to permit the document, despite internal disciplinary procedures not being equal to those of a court of law.

The case is expected to resume in October, pending the availability of the state. The development has significant implications for the trial, as the internal disciplinary hearing’s findings may impact the criminal case. The Independent Police Investigative Directorate (IPID) had investigated the case and charged the three officers, leading to the current trial. As the case progresses, it will be important to consider the relevance of internal disciplinary procedures in relation to criminal cases, and how they may influence the outcome of trials.