Constable Siyabonga Mbane arrested for allegedly raping a detainee in Mfuleni. Picture: Mandilakhe Tshwete/Independent Newspapers
Cape Town - The State has revealed that the officer accused of raping a detainee, has allegedly tried to have sex with inmates before.
During the bail application of constable Siyabonga Mbane, prosecutor Litha Duka said the accused had been caught by his ex-wife kissing a woman in police custody. The couple had been going for mediation after he allegedly assaulted his wife in 2021.
Reading the affidavit of the investigating officer Patrick Takayi, Duka said: “He forcefully demanded sexual intercourse from a woman in the police cells. He was on duty when he called his wife and asked her to visit him at work as he wanted to speak to her at the police station. When she arrived she caught the accused kissing an inmate.
“He was drinking while on duty and requested to have sex with the wife in the cell she refused. He then told her if she didn’t want to, then he would have sex with the inmate, who refused. The station commander was called by the inmates because the accused wanted to get into their cells.
“He was found to be smelling of alcohol and the station commander booked him off duty. The inmate reported the case but it was provisionally withdrawn and the victim was untraceable.”
The State alleges that on November 29, while the 26-year-old complainant in the most recent case was in custody at Mfuleni police station between midnight and 4.30am, she was raped in an empty cell.
The State said the accused was interrupted during the rape.
But the accused said he finished having sex with the detainee.
In his affidavit he said: “She was crying in the cell, the female officer I was on duty with asked me to bring the complainant to her. She then said she is a student and didn’t want fingerprints to be taken. The complainant returned to her cell.
“At 3am she was crying again and she asked me to take her out of the cell. We went to the empty cell and I consoled her by giving her a hug. The complainant then initiated intimacy by kissing me and the rest followed. I realised when we were done that she had ulterior motives as she asked me to make a plan as she didn’t want her fingerprints to be taken.
“We then chatted and I returned her to her cell. We were not disturbed by any officer during the incident as the medical reports would prove that I finished.”
The judgment for the bail application will be heard tomorrow.
mandilakhe.tshwete@inl.co.za
.
Related Topics: