FORMER POLICEMAN SENTENCED 20 YEARS FOR RAPING A TEENAGER INSIDE A POLICE STATION

09 May 2025

FORMER POLICEMAN SENTENCED 20 YEARS FOR RAPING A TEENAGER INSIDE A POLICE STATION

The Qumrha Regional Court sentenced former police sergeant, Thembalethu Gqeku (50) to 20 years imprisonment for the rape of 17-year-old woman inside the detectives’ office in the Kei Mouth Police Station on 08 August 2022. Gqeku was convicted and sentenced this week, not before he instituted a R3,5 million civil lawsuit against the NPA for malicious prosecution after the matter was initially withdrawn. The withdrawal was necessitated by the complainant’s inability to explain herself well during consultation with the prosecution due to trauma. She had to undergo psychological and clinical therapy before the matter could be re-enrolled.

On the day of the incident, Gqeku who was on duty driving a state vehicle picked up the victim from a nearby shop in that sleepy town. He took her under the pretence that he was to take an additional statement from her for a domestic violence case she had opened against her ex-boyfriend. Once inside the office, Gqeku closed the door and proceeded to rape the petite victim on top of the table. The young woman managed to fight back, injured him on the head using an empty bottle, and ran to the charge office screaming. She identified the alleged perpetrator but, regrettably, his on-duty colleagues including the then acting station commander failed to effect an arrest. One officer reportedly mocked the victim, asking if she was high on drugs again. He was only arrested ten days later by the Independent Police Investigative Directorate (IPID).

During trial, Gqeku pleaded not guilty claiming to have been victim of assault by the victim who was high on drugs. However, the Senior Public Prosecutor, Thango Pangalela led the evidence of the complainant, one police officer who was on duty and a medical professional from the Cecilia Makhiwane Hospital Thuthuzela Care Centre (TCC). Through skilful cross-examination, the state managed to disprove the accused’s version. The medical report submitted by the state also excluded use of drugs by the complainant.

Delivering judgment on sentence, the Magistrate, Joseph Govuza, agreed with the state that the aggravating circumstances were insurmountable in that Gqeku used a state vehicle, took the victim to the police station, raped her in an office while there were other people inside a police station. In addition, the young defenceless victim, who is the same age as Gqeku’s son, had gone to the police station where she believed it was the safest place to be at. Gqeku has since quit the police service and has been a security guard until his conviction. In the Victim Impact Statement, prepared by Court Preparation Officer, Vuyelwa Beyaphi, the victim stated that she now hates the police and can’t even withstand their sight. The state asked for the court to deviate from the prescribed minimum sentence of 15 years imprisonment by adding five more years because Gqeku had brought the whole criminal justice system into disrepute. The court agreed and concluded that he was an unrepentant and unremorseful person whose conduct on the day was extremely outrageous.

Eastern Cape Director of Public Prosecutions, Barry Madolo, commended the prosecuting team, TCC staff, Court Preparation Officers, IPID investigators and the victim for their meticulous collection and presentation of evidence in court. He added that the state will always be on the side of the victims, particularly the marginalised and vulnerable, in the face of the scourge gender-based-violence.

Issued by:

Luxolo Tyali
NPA Regional Spokesperson
Eastern Cape Division
Tel: 047 501 2630
Email: ltyali@npa.gov.za