Cape Town - A police officer accused of providing a fake medical certificate to the Cape Town Magistrate’s Court while out on bail, has lost his high court application challenging the decision to keep him behind bars.
Constable Wanda Xaliphi, who is also a crime scene investigator, brought the application against the cancellation of his bail, saying it was a “gross irregularity”.
Western Cape High Court Judge Daniel Thulare’s judgment this week revealed that Xaliphi was arrested on February 14, 2019.
The State alleged that on January 26, 2019, Xaliphi, along with three others, raided shops in the Cape Town CBD without a search warrant while dressed in police uniforms.
“One of the shop owners opened for them, while the other shop owners refused. These other shop owners had doubts and were not satisfied that it was a legitimate search. The accused broke open the security gates and the doors to enter the locked premises of shops not voluntarily opened.
“A Samsung phone valued at R5000 disappeared during the search.
“One of the people involved in the search took a bag containing R1620 from one of the shop owners.
“One of the shop owners grabbed that bag from the person’s grip.
“Some of the money fell down and that shop owner took the money to the shop owner from whom the bag was removed. The applicant and other accused, and others with them, fled the scene. However, the shop owners managed to lock accused 1 in the shop and he could not escape.”
The officer was then charged with fraud, housebreaking and theft, and appeared in the Cape Town Magistrate’s Court where he was granted bail
In October, he failed to show up at court and the magistrate was informed he was unwell and that a medical certificate would be presented.
An enquiry was later held and it was found that his medical certificate was fake.
‘’The applicant also conceded that the medical certificate handed to court was false and fake. The result was that the magistrate ordered that the bail be finally forfeited to the State.”
Judge Thulare upheld the ruling by the magistrate and dismissed Xaliphi’s application.
Cape Argus