Cape Town – A 26-year-old woman, arrested for kidnapping and attempted murder, allegedly suffered a horrific ordeal while in police custody, leading to the arrest of Constable Siyabonga Mbane on two counts of rape. The incident has sparked outrage and calls for accountability within the South African Police Service (SAPS).
Constable Mbane appeared in the Blue Downs Magistrate’s Court yesterday, facing serious charges. State prosecutor Litha Duka outlined the allegations against the officer, stating, “This matter falls within Schedule 6. The State is opposed to the release of the accused out on bail.” The seriousness of the charges and the state's opposition to bail underscore the gravity of the situation.
The alleged incident unfolded at the Mfuleni police station. According to Duka's account to 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.”
The prosecutor detailed how, during this discussion, Mbane allegedly assaulted and undressed the woman.
“While in discussion, Mbane is alleged to have instructed the complainant to bend down as he pushed her and undressed her.”
The alleged rape was interrupted by a fellow officer. “An officer intervened, he was not present at the time (of the rape). The accused was disturbed.”
The victim, initially hesitant to report the incident due to fear, eventually disclosed the alleged assault during a cell visit.
“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.”
The victim’s 61-year-old father expressed his devastation upon learning of the alleged rape. He had initially gone to the police station to inquire about his daughter's arrest, unaware of the alleged sexual assault.
“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.”
His emotional testimony highlights the profound impact this alleged crime has had on the family.
The case has been postponed until 9 December for bail information. The magistrate granted a remand to allow the prosecution to gather all relevant information pertaining to Mbane's case.
Swift action has been taken against the accused officer. Provincial police commissioner Thembisile Patekile confirmed that Constable Mbane has been suspended pending the outcome of the investigation.
“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.”
This decisive action demonstrates a commitment to addressing the alleged misconduct within the police force.
The Independent Police Investigative Directorate (IPID) is also involved in the investigation. Spokesperson Phaladi Shuping confirmed that the incident was reported to the police watchdog and that the arrest of the officer was a direct result of their involvement. This oversight ensures independent scrutiny of the allegations and reinforces the commitment to accountability.
The alleged incident has drawn strong condemnation from various quarters. Police Oversight and Community Safety MEC Anroux Marais stated, “The alleged events are completely unacceptable. I welcome the speedy arrest of the suspect.”
This statement reflects the widespread concern and outrage over the alleged actions of the police officer.
The victim, who was released on R1 000 bail, was present outside the court during Mbane’s appearance. The case continues to unfold, with the 9 December court date marking a significant step in the pursuit of justice for the alleged victim and accountability within the SAPS.
