The police officer accused of raping a detainee in a holding cell will spend the next two months behind bars after his bail application was denied.
Siyabonga Mbane was arrested after a 26-year-old woman reported the rape case on 29 November.
She alleged that while in custody at Mfuleni Police Station, the officer offered to assist her in her attempted murder and kidnapping matter. Instead of talking about the case, he allegedly raped her in the vagina and anus.
The constable appeared at Blue Downs Magistrates Court on Thursday, where the court informed him that he would stay innie mang.
Magistrate Sam Nkambule said Mbane had brought SAPS into disrepute.
Nkambule stated: “The applicant allegedly committed this offence while on duty.
“It is my respective view, that he acted outside the scope of his employment in these circumstances.
@dailyvoice_news The police officer accused of raping a detainee in a holding cell will spend the next two months behind bars after his bail application was denied. Siyabonga Mbane was arrested after a 26-year-old woman reported the rape case on 29 November. Video: Mandilakhe Tshwete/Independent Newspapers
“The nature of his employment, at 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 added that the victim had been in the cells for the first time, not knowing what to expect.
He continues: “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.
“The applicant allegedly violated the victim’s right to privacy.
“Further questions arise, as to what it will take for the victim to be able to forget about what happened to her.
“What type of assistance would be able to help the poor victim to be able to forget about this. It is in my view that this will remain with the victim for the rest of her life.
“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 20 February for further investigations.
Meanwhile, the victim’s emotional family members said they were happy that justice prevailed.
Community Women Action’s Ruth Petersen expressed joy that the officer would spend the next few months in jail.
Petersen adds: “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.
“This 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