Mthatha policeman sentenced to 18 years, nearly 12 years after raping detainee

The Mthatha Regional Court has sentenced police Warrant Officer, Mhlobo Mpela, 52, to 18 years imprisonment for raping a female awaiting-trial detainee.

On 23 November 2008, Mpela, then a sergeant, was on night duty and went to the female holding cells at about 9pm. He then took 44-year-old victim from the holding cells to an office at the police station where he raped her repeatedly before instructing her to clean herself and returning her to the cell.

The following morning, she reported the rape to a police officer, and again later that day to a Colonel on duty. She was then taken to Sinawe Thuthuzela Care Centre (TCC), at Mthatha General Hospital, for medical examination, and DNA samples were taken from the office where she had been raped

The trial experienced lengthy delays because the accused changed defence attorneys and, during the same period, both the presiding magistrate and the prosecutor died, which meant that the trial had to be restarted.

Mpela pleaded not guilty. He said the victim, who was then on trial for the murder of her husband, had asked him to assist her make an emergency phone call and had initiated the sexual encounter herself. Prosecutor Mluleki Shude called seven witnesses, including the TCC doctor, Independent Police Investigative Directorate (Ipid) investigator, among others, and presented DNA evidence which linked the accused to the offence.

Before sentencing, Magistrate Joe Govuza said that Mhlobo was a first offender and had performed his official duties without blemish, even earning a promotion during the last ten years, which counted in his favor.

Spokesperson Luxolo Tyali said the NPA welcomed the sentence and believes it is a clear indication that it prosecutes without fear, favour or prejudice, even when the crime is committed by those tasked with enforcing the law.

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