Justice system under scrutiny after police officer’s arrest for alleged rape

While in custody, a woman was allegedly raped in the Blue Magistrate’s Court’s cells. Picture: File

While in custody, a woman was allegedly raped in the Blue Magistrate’s Court’s cells. Picture: File

Published Jan 16, 2025

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Another police officer has been arrested for allegedly raping a remandee while in custody.

According to a leaked police document, the victim reported the rape at the Pollsmoor Prison.

“The correctional service officials alerted Independent Police Investigative Directorate (IPID) on Wednesday to come to the prison premises for this rape.

“A docket was opened by an IPID member and he brought it to Mfuleni SAPS for capture. The rape actually took place on Tuesday afternoon at 1.30pm in the court cells in Blue Downs Magistrate’s Court.

“The docket was taken away by IPID for further investigation after it was captured.”

Police spokesperson Warrant Officer Joseph Swartbooi said the circumstances surrounding this incident are now the subject of an investigation by the IPID.

IPID spokesperson Phaladi Shuping said: “A female victim who is awaiting trial at Pollsmoor prison was on 14 January transported from the prison to court to appear as an accused person. Two police members of the court dropped her off.

“After the victim appeared at the court, she was taken to the court cell by unknown police member and before she and the unknown police member got to the holding cell, the unknown police member (allegedly) raped the victim.

“The victim reported the incident to the warden at Pollsmoor prison IPID was informed. A rape case was registered.”

Anti-gender-based violence organisation, Ilitha Labantu, condemned the alleged rape.

Spokesperson Siyabulela Monakali said: “We are appalled and gravely concerned by the recent allegations of rape reported at the Blue Downs Magistrate’s Court cells on 14 January. The survivor, a 40-year-old woman, endured this traumatic ordeal in what should be a secure and safeguarded environment. Disturbingly, the accused in this case is a police officer, a constable, whose role is to uphold justice and protect the public.

“This shocking incident highlights yet another failure within the criminal justice system to safeguard vulnerable individuals and prevent abuse of power by those entrusted with authority.

“The circumstances surrounding this case raise troubling questions about the immediate handling of the matter, including the failure to make an arrest, the lack of forensic evidence collection, and the absence of decisive investigative action. The docket, now in the hands of the Independent Police Investigative Directorate (IPID), must be pursued with urgency and impartiality to ensure accountability and justice.”

Monakali demanded that the IPID prioritise this case and conduct a thorough investigation that ensures justice is served.

“We call on the South African Police Service and all relevant stakeholders to strengthen accountability measures to prevent such incidents from recurring.

“Survivors of gender-based violence deserve a justice system that is responsive, survivor-centred, and unwavering in its commitment to upholding their dignity and rights.

“This case is a stark reminder of the pervasive issue of gender-based violence in South Africa and the urgent need for comprehensive action to address the root causes of this societal scourge. Ilitha Labantu stands in solidarity with the victim and all survivors, reaffirming our commitment to providing support, advocating for justice, and holding perpetrators accountable.”