Cape Town - The police officer accused of raping a detainee has had previous run-ins with the law, the Blue Downs Magistrate’s Court heard on Tuesday.
Siyabonga Mbane appeared in court on a separate matter to the rape case.
State prosecutor, Litha Duka, said: “The State is alleging that the accused does have a pending matter, which is domestically related, on which the accused was expected to appear (yesterday). There are also other cases where the accused was arrested, which were provisionally withdrawn.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.”
Mbane was expected to apply for bail for the rape case on Monday after his arrest on November 29.
This, after a woman, who was arrested for kidnapping and attempted murder, reported she had been raped by the constable. But that case was postponed to December 17 for the formal bail application.
Mbane’s attorney, Ashton Gravenhorst, said the defence would oppose that it’s a Schedule 6 offence.
Independent Police Investigative Directorate spokesperson (Ipid) spokesperson, Phaladi Shuping, said the police constable from Mfuleni Police Station has been accused of raping a female detainee.
“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. 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 Ipid and the police officer was arrested.”