A cop accused of raping a woman behind bars has had previous run-ins with the law, the court heard on Tuesday.
Constable Siyabonga Mbane was arrested on 29 November after a woman, who had been arrested for kidnapping and attempted murder, claimed he had raped her while she was being detained.
The cop was expected to apply for bail at the Blue Downs Magistrates Court this week, but the case was instead postponed to 17 December for the formal application.
State prosecutor Litha Duka said: “The matter falls within the ambit of Schedule 6 and the State is opposing the release of the accused on bail.
“The State is alleging that the accused does have a pending matter which is domestic related on which the accused was expected to appear on Tuesday.
“There are also other cases where the accused was arrested which were provisionally withdrawn.
“There were also matters reported against the accused in 2010, 2011, and another in 2011. There are three cases from 2011, and one in 2021. That is the bail profile of the accused.
“That is why we are opposing the release of the accused on bail. We are of the view that there is a likelihood in terms of Section 60 Subsection 4, that the accused will commit a Schedule 1 offence.”
Duka said he would address the court on this matter during the bail application.
Mbane’s attorney Ashton Gravenhorst said the defence would be opposing the Schedule 6 offence when the bail application commences on 17 December. The defence will argue that it is a Schedule 5 offence instead.
Independent Police Investigative Directorate (IPID) spokesperson Phaladi Shuping said the cop allegedly raped the woman while she was locked up at Mfuleni Police Station.
Shuping reports: “The 26-year-old victim alleges that she was raped by the accused in an empty cell, thereafter, she was taken back to her cell where she was locked with seven others.
“The incident allegedly occurred in the early hours of 28 November 2024.
“The victim was detained on allegations of kidnapping and attempted murder and was locked in a cell with seven other female detainees.
“The victim reported the incident to the police officers who started their shift in the morning.
“The incident was reported to the Independent Police Investigative Directorate (IPID) and the police officer was arrested.”
mandilakhe.tshwete@inl.co.za