A Western Cape police officer, Siyabonga Mbane, aged 41, appeared in the Blue Downs Magistrates’ Court on two counts of rape.
Summary:
- A Western Cape police officer appeared in court for two counts of rape.
- The state plans to oppose bail due to the nature of the charges.
- The Western Cape police commissioner condemned the alleged incident.
Siyabonga Mbane: Rape-accused Mfuleni officer appears in court
The charges stem from allegations made by a 26-year-old woman detained at the Mfuleni police station.
According to court records, the alleged incident took place last Thursday, where the woman claims Mbane sexually assaulted her in an empty holding cell before locking her back in a cell shared with seven other detainees.
RelatedPosts
The state intends to oppose bail when the case resumes on Monday, 9 December 2024, citing the gravity of the charges.
Western Cape Police Commissioner Thembisile Patekile, during a site visit at the scene of the Mfuleni mass shooting, condemned the allegations, describing them as upsetting and embarrassing for the police service.
Speaking to reporters, Patekile stated:
“A police station is where you should feel safe when you’re brought to the police station. The officer is on suspension, and once he’s released, then other disciplinary matters will follow.”
The commissioner further expressed concern over the growing number of police officers in the province on the wrong side of the law.
Mbane’s defence team has indicated plans to argue that the alleged offence should be categorised as a Schedule 5 crime, not Schedule 6, as stated by the prosecution.
Under South African law, Schedule 5 crimes include less severe offences compared to Schedule 6, where bail is typically denied unless exceptional circumstances can be proven.
The state, however, maintains that the case qualifies as a Schedule 6 crime due to the serious nature of the alleged rape, especially considering the location of the alleged incident—a police station, a place meant to ensure public safety.
In such cases, rape kits, which are used to collect and preserve evidence of sexual assault, will likely play a crucial role.
This evidence will be instrumental in determining the outcome of the trial.
The Independent Police Investigative Directorate (IPID) is expected to probe the allegations against Mbane, although no formal statement has been issued by the oversight body yet.
The accused officer is also facing separate charges of assault and domestic violence opened by his girlfriend in November.
