Rape survivor questions justice as convicted cops freed on bail

A 29-YEAR-old survivor from Upington has lost faith in law enforcement and the justice system after two police officers, who were convicted and sentenced for raping her, remain out on bail.

The incident occurred in 2017 when the complainant asked the police officers for a lift to town. Instead, the officers, who were known to her, took her to their residence and raped her in turn.

She said she was 19 years old at the time and questioned why the trial took eight years to conclude.

“I fled from my home following the incident. My son, who was two years old at the time, had to grow up without me. The accused, who are attached to Upington police station and border police, only spent one hour in the holding cells after their arrest and have been on bail ever since. If they win their appeal, they will get off scot-free, while I have been fighting a fruitless battle for justice. I am afraid they may come back to intimidate me and my family. The way this case was handled leaves me with more doubts and unanswered questions.”

She added that she had attempted suicide following the incident and still lives with trauma.

“I survived after overdosing on medication. I used alcohol to numb the pain. The accused were only suspended for two months without pay after the incident, but then returned to work and had access to their firearms.”

She said the ordeal had changed her personality for the worse.“I no longer trust anyone and do not openly share details of what happened. I haven’t even told my father or best friend because I was branded a liar. The magistrate even referred her guilty judgment for review. If I ever become a victim of crime again, I would rather take the law into my own hands.”

She added that despite her emotional scars, she managed to complete her studies, open a business and buy a home.

“I recently moved back to Upington to be with my son. It is very difficult for my partner, as he grew up with the accused. My fear drove me to make something of my life, and my faith carried me through and made me realise that God has a purpose for me. I firmly believe that even if the accused go unpunished, they will still face the consequences of their actions.”

NPA opposed extending bail

National Prosecuting Authority (NPA) Northern Cape spokesperson Mojalefa Senokoatsane said the accused – Simphiwe Ncube and Alvin Ntshweza, both 32 at the time – were charged together and separately with six counts of rape and two counts of sexual assault emanating from an incident on April 3, 2017, in Paballelo, Upington.

“On May 4 2024, the court convicted both accused on one count of rape and found that they acted individually and not with a common purpose. It was further held that the multiple acts of sexual penetration were a continuation of the same singular act of sexual penetration, where the accused were convicted on only one count of rape each,” said Senokoatsane.

He explained that during pre-sentencing proceedings, a social worker testified that the complainant had allegedly apologised to Ntshweza for implicating him in the rape.

“The complainant, however, denied this accusation. The regional magistrate then expressed doubt over the conviction and referred the matter for special review. On May 25, the Northern Cape High Court ruled that the regional court should conclude sentencing proceedings. The Northern Cape High Court did not make any finding or opinion on the merits of the conviction and advised that the matter be considered by the appellate or review court in appropriate proceedings."

He added that the officers were subsequently sentenced on September 12 in the Upington Regional Court to seven years’ imprisonment each.

Senokoatsane said that although the State opposed bail pending appeal, the court granted both accused leave to appeal the conviction and extended their bail.

“They were granted bail, where bail of R1,000 was extended, pending the outcome of the appeal,” he said.

The Independent Police Investigative Directorate referred media enquiries to SAPS.

Northern Cape police spokesperson Lieutenant-Colonel Sergio Kock said the SAPS disciplinary process was an internal matter between employer and employee.

“Thus, the outcome of the hearing is not communicated in the public domain,” added Kock.