A surprising development emerged in the trial of three police officers accused of covering up a rape case when the court learned that one of the officers had been cleared of wrongdoing in an internal disciplinary hearing. The defence disclosed that the hearing, which took place nearly a year ago, had found in favour of the unnamed officer.
The three 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 was later detained and intimidated by officers Xulu and Zuma, who pressured her to withdraw 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 defence’s attention. The defence requested an adjournment to obtain the original document, arguing that the charges in the disciplinary hearing mirrored those in the criminal case and therefore the document was pertinent to the trial. Magistrate Mayne Mewalal granted the adjournment, noting that it was in the interests of justice to permit the document, even though internal disciplinary procedures are not equivalent to court proceedings.
The case is expected to resume in October, pending the state’s availability. This development could have significant implications for the trial, as the findings of the internal disciplinary hearing may affect the criminal proceedings. The Independent Police Investigative Directorate (IPID) investigated the matter and charged the three officers, leading to the current trial. As the case progresses, the relevance of internal disciplinary procedures to criminal cases will be an important consideration in determining the outcome.
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