Cape Town - The officer accused of raping a detainee in the police cells will spend the next two months in custody after his bail application was denied.
Siyabonga Mbane, 41, was arrested after a 26-year-old woman reported the rape on November 29.
She alleges that while in custody at Mfuleni police station, the officer offered to assist her in her attempted murder and kidnapping matter but instead of talking about the case, he allegedly raped her.
Mbane appeared in the Blue Downs Magistrate’s Court on Thursday, where the court informed him that he would remain behind bars. Magistrate Sam Nkambule said Mbane brought the SAPS into disrepute.
“The applicant allegedly committed this offence whilst on official duty. It is my respective view he acted outside the scope of his employment in these circumstances.
“The nature of his employment, in SAPS, is to maintain law and order but in spite of that the applicant then conducted himself in a manner that is unbecoming of a person who was supposed to have performed according to the act.
“In my view bringing the name of the organisation into disrepute.”
Nkambule said the victim had been in the cells for the first time, not knowing what to expect.
“She was left stressed and traumatised. The applicant saw an opportunity to act in the manner that is alleged. The question arises as to whether it will be in the interest of justice to rule in favour of the applicant.
“Further questions arise, as to what will it take for the victim to be able to forget about what happened to her...
“And yet for the accused, life goes on and what about the poor victim?
“The State has been able to adjudicate sufficient evidence for a prima facie case should the trial arise. The applicant fell short to persuade the court.”
The matter was postponed to February 20 for further investigation.
The victim’s emotional family members said they were happy justice prevailed.
Community Women Action’s Ruth Petersen, expressed joy that the officer would spend the next few months in jail.
“We are very happy with the outcome of the case, the fact that this lady was in custody, she was supposed to be protected by the police officer and yet he abused his power to rape her. Justice was on our side.
“It is something that she will have to deal with for the rest of her life, while being scared that somebody is out there that did this to her.”
mandilakhe.tshwete@inl.co.za