POLOKWANE – Investigating officer Captain Phaladi Makola has denied that police beat 29-year-old Lekompo personality and musician Nkgodisheng Paul Madubanya, popularly known as Tsaka RSA, during his arrest.

Makola was testifying before the Polokwane Magistrate’s Court on Wednesday (October 21), where police said they are not opposed to bail for Madubanya but want strict conditions imposed due to fears of repeat offending and contact with a 15-year-old complainant linked to a separate sexual offence matter. The hearing continues on Friday.

‘This is a democracy, we do not beat people’

“That is untrue. We did not beat him. This is a democracy, we do not beat people. If they believe we mistreated him, they ought to have laid a complaint with the police on that issue,” Makola said when questioned about allegations of assault during the October 9 arrest.

He said police had verified Madubanya’s addresses and confirmed there were no outstanding warrants, with the only matters known to him pending in Lebowakgomo and Pretoria.

He, however, raised concerns about difficulty tracing Madubanya in Pretoria, alleging that when contacted, the artist said he was out of the country and gave evasive explanations.

Defence argues bail affordability

The defence filed an affidavit outlining Madubanya’s personal circumstances and calling the charges trumped up, saying his partner is expecting a child and that he can afford R10 000 bail.

The arrest and charges

Madubanya was arrested on October 9 at his home in Rethabile Gardens by the Provincial Tracking Team, Provincial Investigation Unit and Murder and Robbery Unit.

Police were executing a warrant of arrest for a crimen injuria case opened at Lebowakgomo in 2025, relating to allegations that he posted vulgar and insulting remarks directed at a popular radio DJ on social media.

During that operation, police allege they found him in possession of a 9mm Norinco pistol with its serial number filed off and between 53 and 80 rounds of live ammunition.

That discovery led to the Polokwane case.

Four charges

On October 19, the State added two charges in Polokwane, bringing the total to four:

• Unlawful possession of a firearm
• Unlawful possession of ammunition
• Failure to secure a firearm in a prescribed safe
• Statutory rape

The statutory rape charge relates to an alleged incident on June 16 involving a complainant reportedly under 16.

Madubanya first appeared in Polokwane on October 12 and has remained in custody.

Other pending matters

He has two other pending matters:

• In Lebowakgomo, he faces the crimen injuria charge and appeared on October 13, with that case postponed to October 23 for a bail application
• In Pretoria, he faces assault with intent to cause grievous bodily harm

It is alleged that on August 2 at about 3:00 AM he assaulted a male patron at Propaganda Night Club in Pretoria Central with an empty beer crate while performing, continuing outside until bouncers and friends intervened. That matter was postponed to October 27.

Allegations of intimidation

Makola also denied that police issued social media posts inviting alleged victims to come forward, saying official statements are released through the SAPS communication unit.

He said he feared the 15-year-old complainant could be intimidated, alleging she had been pressured to terminate a pregnancy.

“The complainant said she had missed her cycle, and the accused said you must never tell me about that issue, because my partner is also expectant so I cannot afford two kids. If you do not terminate that child, I will do this and that to you. I will sort you out,” he testified.

‘Untouchable’ online

He further alleged Madubanya had portrayed himself online as untouchable, insulted senior leaders, made gun noises at neighbours and threatened event organisers over refunds.

The defence challenged the claims and asked whether his phone had been analysed.

Makola said it remains sealed in an SAP13 exhibit bag awaiting download authority.