STOLEN LIVES
PE and U’hage court cases highlight violence against women and children ‘pandemic’
“You’re all dogs,” an angry protester shouts outside a court building as a policeman appears for the alleged rape of a child, a man for allegedly shooting his ex-wife, and a neighbour for allegedly slitting a young mother’s throat.
“Covid-19 is not yet over and we have already been hit by a second pandemic,” a senior police investigator tells a magistrate.
His sentiments were borne out by the overwhelming number of gender-based violence (GBV) cases on court rolls around Nelson Mandela Bay yesterday.
In the Uitenhage Magistrate’s Court, disturbing details of how a colonel in the SA Police Service allegedly fondled a colleague’s eight-year-old daughter between last year and August this year emerged as he applied for bail.
The sexual advances allegedly took place on numerous occasions, sometimes when the girl’s family were seated nearby, when he gave her a lift, or when her older siblings had gone to sleep.
She had been too afraid to speak up.
It was only a few days ago, when her suspicious 16-yearold sister placed her hand under her little sister’s blanket and allegedly felt the policeman’s hand touching the child’s thigh, that the older girl connected the dots.
Earlier, in the same court, Xolani Mkayi made a brief appearance for shooting dead his ex-wife, Phumeza Pepeta, at her father’s funeral in KwaNobuhle in July.
Mkayi, 55, who had dressed in a wig, skirt, and high heels before approaching Pepeta and allegedly shooting her in front of several witnesses, remains in custody following his failed bail bid.
His case was postponed to October 6 for further investigation.
Scores of protesters, mainly from the ANC Women’s League, came out in support of the slain woman.
They called for the reinstatement of the death penalty.
At the Port Elizabeth Magistrate’s Court, dozens of fed-up Northern Areas residents protested as a 29-year-old man, arrested in connection with the brutal rape and murder of Malisha “Melissa” Marlouw, made his first court appearance.
The single mother was killed just metres from her home in Independence Street, Bethelsdorp, on August 22. Her throat had been slit. The man, who is known to the family as he grew up nearby, was arrested on Tuesday.
Police spokesperson Colonel Priscilla Naidu said he had allegedly confessed later.
The case was postponed to today.
Speaking on behalf of
Enough, a newly established anti-GBV movement, Destiny Tobias said they had attended court proceedings in a show of support for Marlouw’s family.
“We want the whole process to be fast-tracked — he must be sent to prison,” Tobias said.
“We want justice to be served as soon as possible.”
Meanwhile, in Uitenhage, the 47-year-old policeman vehemently denied the rape allegations when he took the stand.
In trying to convince the court to release him from custody, he said as a police officer with 26 years’ experience, he was well aware of the seriousness of the allegation and that, if convicted, he could be jailed for life.
He was made aware of the allegation on August 17, when a colleague informed him of the criminal probe.
He tried to question the complainant’s mother via WhatsApp, but she never responded.
The next communication with the child’s mother was on August 21, when he received his suspension letter from the SA Police Service.
The man has been suspended — on full pay — pending the outcome of the internal investigation.
He claimed that this time the woman had initiated contact.
“She sent me a message saying ‘please don’t hurt yourself’ and I responded with ‘don’t worry’,” he told the court.
The two met 17 years ago in King William’s Town.
He said they had become close friends and her three children called him “uncle”.
They were later transferred to Uitenhage for work.
The friends had exercised together and he would regularly join the women and her children on family outings, he said.
It is alleged that the sexual assaults, which were spelt out in court, started sometime last year.
“I deny that,” he said when asked by defence attorney George Malgas for his response to the allegations.
“For seven nights in St Albans [Prison], I tried to figure out why she would say it.
“We had a good relationship ... There were times she got angry because I sat too close to her sister or I teased her about having a boyfriend.”
Prosecutor Jacques Baartman said he found it difficult to believe that the girl would fabricate the story.
In addition, the state was in possession of a medical report which corroborated her claims.
The child’s mother reported the matter to the police on August 16, two days after the young girl broke down and told her what had allegedly happened.
According to the mother’s statement, on the evening of August 14, while in bed with her daughter, she had spoken to her about privacy and asked if she had ever been touched inappropriately.
The conversation followed an incident at the family home.
The girl’s older sister said the accused had visited their home while their mother was at work and had sat down next to the little girl, under her blanket.
She could not recall the
exact date. When she reached out to her younger sister, she allegedly felt the man’s hand on the child’s thigh.
“When he realised that it was now my hand touching his, he quickly pulled away,” the girl said in her statement.
Questioned by Baartman about a WhatsApp he had sent to the child’s mother on August 14, stating “I will do anything to try rectify what I have done to you”, the man said he had been referring to a work-related spat.
“To me, it seems [you were referring to] this case.”
The prosecutor said it was also concerning that the accused knew where the three siblings attended school.
“You have access to those children.”
Baartman said the court, the upper guardian of a child, had a duty to protect them.
Testifying later, Independent Police Investigative Directorate (Ipid) senior investigator Edmyrach Madabata said the policeman had the means to evade trial and use his authority to intimidate witnesses.
He said Uitenhage was a small town and if released on bail, there was nothing stopping the man from bumping into the little girl and her family at the supermarket.
“If granted bail, what are we showing the community?
“[GBV] has become the second pandemic after Covid-19,” Madabata said.
Members of Ipid filled the courtroom gallery as the testimony was led.
Earlier in the day, they had visited the girl’s family to lend their support.
Judgment will be delivered on Wednesday.
This week, testimony has also been heard in the case against a Walmer man accused of raping a 15-year-old as well as a caPseRagainst a man accused of murdering his girlfriend before dumping and burning her body.
Those cases are being heard in the Port Elizabeth High Court.