Outrage as female detainee is raped allegedly by cop

Rape accused cop Siyabonga Mbane appears in the Downs Magistrate’s Court. Pic: Ayanda Ndamane/Independent Newspapers

Rape accused cop Siyabonga Mbane appears in the Downs Magistrate’s Court. Pic: Ayanda Ndamane/Independent Newspapers

Published Dec 3, 2024

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Cape Town - An emotional father has shared his devastation after discovering his daughter was allegedly raped by a police officer while in custody.

This, as Constable Siyabonga Mbane was arrested and appeared on two charges of rape in the Blue Downs Magistrate’s Court on Monday.

The victim, a 26-year-old woman, had been arrested for kidnapping and attempted murder on Wednesday.

While in custody, she allegedly encountered Mbane, who booked her out of the cell where she was kept with seven other women.

State prosecutor, Litha Duka, said the officer faced two rape charges.

“This matter falls within Schedule 6. The State is opposed to the release of the accused out on bail.”

Duka said the complainant (woman) was arrested and taken to Mfuleni police station.

He told the court: “The complainant was in custody for two counts of kidnapping and double attempted murder. The accused (Mbane) requested to assist the complainant with regards to her matter. According to the accused, the matter was of a serious nature. While she was in custody in the cells, it is alleged that she was booked out by the accused.

“He took her to one of the offices to discuss the matter, and then brought her back to a different cell, it was empty. The accused requested to exchange contact numbers and the complainant refused to give the contact number.”

Duka said while in discussion, Mbane is alleged to have instructed the complainant to bend down as he pushed her and undressed her.

Duka further explained that the accused was disturbed by his colleague during the act.

“An officer intervened, he was not present at the time (of the rape). The accused was disturbed.

“The complainant didn’t want to report the matter, she was scared that the accused would still be on the premises, when he left she reported the matter during the cell visit.

He asked for a remand to get all the cases against Mbane, and the case was postponed to December 9 for bail information.

The victim’s father, 61, said he then heard that his daughter had been arrested and was in custody.

He explained he was shocked when he found out that his daughter had been sexually assaulted in the cells.

“When I went to the police station, I didn’t go there for the rape, I wanted to hear what happened when she was arrested.

“I heard that she had been raped. “My daughter had a fight with someone, someone had stolen her phone and she went after the thieves and then she was arrested.

“I still want to hear the real story about the rape but I am devastated that she was violated.

Provincial police commissioner, Thembisile Patekile, said the officer has been suspended pending the case.

“We can confirm there was a case reported in the early hours on Friday morning, where a detainee was raped by a cell guard.

“We want to condemn that because the police station is one place where people should feel safe.

“He is now suspended, the other processes will start once he’s released.”

Independent Police Investigative Directorate (Ipid) spokesperson, Phaladi Shuping, said the incident was reported to the police watchdog and the officer arrested.

Police Oversight and Community Safety MEC, Anroux Marais, said: “The alleged events are completely unacceptable. I welcome the speedy arrest of the suspect.”

The victim was released on R1 000 bail, and was outside court when Mbane appeared.