A University of Botswana (UB) security officer, Gaefele Sebetlela delivered emotional testimony before Extension II Magistrate Court, recounting in vivid detail a female student who alleged she was raped by retired Professor Brothers Malema.
The retired lecturer is alleged to have sexually assaulted the female student (names withheld) back on January 9 2024 who was 18 at the time.
It is alleged that he raped the student in his office at the Social Sciences Block. Malema is now facing a single count of rape.
Taking the stand, Sebetlela said the complainant arrived at his office accompanied by his sister visibly shaken, disoriented and in a state of uncontrollable distress.
“On January 9, 2024 at around 1530pm, I was in my office when two females came to me where the other identified herself as the sister to the complainant and said they were there to report a rape incident,” narrated Sebetlela.
Sebetlela said the victim was sobbing and was in no position to describe what transpired as her sister was the one providing details as she was in distress.
“The sister said the incident took place at Block 240 office 262 and told me the suspect is UB's Professor Malema and she told me it happened around 12pm. It was the sister that reported all this because the victim was crying uncontrollably,” he said.
Further probing how the incident unfolded, Sebetlela said he was perplexed why the two reported the issue late into the day when it only took place midday.
“I asked them why are they reporting the matter at 1530pm and the sister responded stating she was still trying to comfort the victim who was crying uncontrollably,” Sebetlela said.
Questioned by the State prosecutor Mmapatsi Tshimologo if at any time did the complainant object what her sister said, Sebetlela said, “She did not object and she was continuously crying. She was still crying when I handed them to the police,” he said.
Asked what was the reason for the complainant to be at the lecturer’s office during recess, Sebetlela said the sister told him that the victim had went to enquire about marks which is the norm around that time.
The defence on the other end obliterated inconsistencies with Sebetlela’s testimony and the statement recorded.
Defence attorney, Busang Manewe accused the witness of making significant omissions from his statement and testimony.
“In your statement you did not clarify who made the report. That is a significant omission, is that not so that ordinarily you expect the victim to report,” Manewe said.
In response Sebetlela said he did not find it dubious that it was the sister who reported and did not see any need to clarify who reported.
“I didn’t mention it cause I saw it happening and I knew I was going to remember that. As for the sister reporting the matter, I didn’t find it wrong to listen to her and lastly I agree that there was an omission on my part,” he responded.
Manewe seconded Sebetlela that it was quite worrisome that the incident alleged to have taken place was reported few hours later.
He however, insinuated that the whole rape matter is hogwash, a conspiracy story by the sister and the complainant.
“I now realise why you are worried that these guys took three to four hours to report. The reason is there is no such thing as rape that occurred. It is a made up thing, staged, performance and just an act,” Manewe highlighted.
The State prosecutor, Tshimologo was quick to point out that it is not imperative who reported the incident, what matters is the whole truth of what transpired at the office.
“What was extraordinary about this case as the sister made the report?” Tshimologo asked.
He further asked, “You were asked on the issue of omission, are those things that you omitted the truth?” he asked.
In response, Sebetlela said, “It was extraordinary because she was crying and was not able to make the report herself and those things that I mentioned they did take place. It does not change the truth whether I wrote them or not,” the witness said.
Chief Magistrate Kamogelo Mmesi postponed the case to December 5 for status update and continuation of trial for December 17th and 18th.
