An Eastern Cape police commander is facing fresh assault allegations, the latest in a string of cases and civil claims against the veteran officer, whose conduct has cost the police ministry at least R150,000 in damages and raised questions about accountability in the top ranks.
Colonel Mbulelo Pika allegedly pepper-sprayed four residents at popular Makhanda nightclubs.
Pika, 58, the Makhanda station commander, faces a parallel internal investigation over the incidents.
He appeared in the Makhanda district court last week in connection with four counts of assault.
NPA regional spokesperson Luxolo Tyali said Pika was not asked to plead and the matter was postponed to September 4.
Eastern Cape police spokesperson Brigadier Nobuntu Gantana confirmed Pika was under criminal investigation by the Independent Police Investigative Directorate over the assault allegations.
It was standard procedure for Ipid to be involved when an accused was a police officer.
“There is a parallel internal investigation emanating from the same case of assault. The matter has been assigned to a seasoned senior police officer to conduct the investigation.”
Pika allegedly pepper-sprayed four Makhanda residents — one in West Street and three in New Street — in separate incidents between February and October 2023, a local media outlet reported.
It is not the first time the colonel has found himself in trouble for alleged overzealous policing, and the national police ministry has paid dearly in damages for some of his actions.
In 2024, the Makhanda high court ordered the police ministry to pay R100,000 in damages to Joza resident Xolisile Khubalo after Pika unlawfully arrested and detained him.
According to the judgment, in 2017, Pika led a group of police to Khubalo’s home in the early hours and kicked in his door.
Wearing only his pyjama shorts, Khubalo tried to video the police action but Pika, then a lieutenant-colonel, slapped the cellphone out of his hand and threatened to “take the cleverness out of him”.
Police had taken and thrown out all his home-brewed beer, informing him it was unlawful to brew it.
Khubalo said Pika had picked a dagga plant growing on his neighbour’s side of the fence and said it gave him reason to arrest him.
Pika grabbed him by the elastic band of his shorts, exposing his private parts to the neighbours.
Khubalo was charged with brewing a prohibited concoction, umshovalale, being in possession of dagga, resisting arrest and crimen injuria.
He was released after his first appearance in court, and given a note saying the case was not enrolled because the small quantity of dagga was clearly for personal use.
He was not charged with illegal beer brewing because no samples were available to be sent to the laboratory.
Pika was unable to explain any of this, including why police had entered and searched Khubalo’s home without a search warrant or consent.
His explanation that “we were not there to search ... we went there to confiscate umshovalale,” did not help his case.
It moved judge Thandi Norman to comment: “I am not aware of any law that permits the conduct contended for in that response by Colonel Pika where the police would simply go into a person’s property, warrantless and without seeking permission from the owner, and confiscate what they deem to be illegal.”
She was also scathing in her assessment of Pika’s explanation about discrepancies between his account and the police Occurrence Book, saying that whenever it contradicted his version, he claimed there had been forgery by “police working with lawyers”.
The judge ruled Khubalo’s arrest and detention for 30 hours had been malicious. She found Pika to be a “poor witness [who] performed badly under cross- examination”.
“It is apparent from his evidence that he was intent on arresting and detaining the plaintiff. That attitude is consistent with the evidence of the plaintiff that he wanted to ‘take the cleverness out of him’.
“I accordingly reject his evidence where it is at variance with that of [Khubalo]. I accept [Khubalo’s] evidence.
“He did not embellish his evidence and his recollection of the events is supported by what the police recorded in their Occurrence Book.”
In 2019, between Pika’s actions in the Khubalo case and the judgment, he was promoted to colonel and made head of the Makhanda police station.
Before his promotion, he cost the police ministry another R50,000 in damages in a matter where he unlawfully arrested an employee of the Makhanda sheriff’s office for being out and about during the Covid-19 lockdown.
He did so though sheriffs were regarded as an essential service and the man had a formal letter to this effect. The minister settled that matter out of court.
The Eastern Cape police top brass have remained mum on whether Pika ever faced any internal consequences for these two successful damages claims.
Gantana was sent questions about the two civil cases, but did not respond.
In June, it was reported that the Eastern Cape government had confirmed that 217 police officers were being investigated for crimes including fraud, serious assault, reckless and negligent driving, malicious damage to property, and helping criminals in their custody to escape.
A further 12 had been convicted of serious charges including fraud, assault with intent to do grievous bodily harm, and aiding and abetting prisoners to escape.
Daily Dispatch
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