Cape Town - Jailed rapist and former cop Ralph Ndlala’s appeal against his conviction and eight-year prison sentence has been dismissed by the South Gauteng High court.
The former cop from Soweto was found guilty of raping his 23-year-old victim – his friend’s girlfriend – in 2015.
The State alleged that on January 10, 2015, he unlawfully and intentionally commit an act of sexual penetration with the victim identified as FD in court papers, while Ndlala pleaded not guilty to the charges brought against him.
Ndlala in his plea explanation said that the alleged sexual intercourse took place with the consent of the complainant.
To prove its case, the State led the evidence of four witnesses, which included the complainant.
Ndlala – who was out on bail until the outcome of his appeal – argued in his appeal that the State didn’t prove its case beyond reasonable doubt and had rejected his version as “not being reasonably possibly true”.
He further submitted that the court wrongfully accepted the “complainant’s evidence as clear and satisfactory in all material respects despite material contradictions; and thirdly, the court a quo erred in not approaching the evidence of the complainant who was a single witness, with caution”.
According to the judgment, Ndlala and friends, including the complainant and her boyfriend who was friends with Ndlala, drank alcohol at a local pub in Soweto before they left the venue.
The friends left to Ndlala’s home where they further drank alcohol before the complainant’s boyfriend left abruptly without telling her where he would go. The rest of the group of friends left shortly after, leaving behind Ndlala and the complainant.
“(The woman’s) evidence was that after (her boyfriend) left Ndlala’s house, she felt that she was too drunk. She asked him for a room to sleep. Ndlala showed her a bedroom to rest. She went inside the bedroom.
She took off her shoes. She did not take off her clothes.
“She lay on top of the blankets on the bed and fell asleep. The bedroom light was off, but the door wasn’t closed and there was a light coming from the sitting room.
She woke up when she felt that there was someone on top of her penetrating her vagina.
“She tried to push the person but without success. She asked the person to stop and leave but he refused. He continued to penetrate her for a while until he decided to stop and got off,” court documents read.
High court Judge Moleboheng Mdalana-Mayisela said: “Ndlala took advantage of an intoxicated woman.
He abused the trust the complainant had in him as her boyfriend’s friend.
He was a police officer and his duties were the protection of members of society and prevention of crime.
“He failed the complainant and society. The incident of rape has affected the complainant permanently.”
She informed the social worker that she feels less of a woman and that she was very disturbed by the evidence of the appellant.”
Cape Times