The rape cover-up trial involving three police officers attached to the Brighton Beach Police Station is to proceed despite an internal disciplinary hearing report clearing one of the accused officers of procedural wrongdoing.
On Wednesday, Durban Magistrate Mayne Mewalal heard that the state had conferred with the senior public prosecutor who had concluded that the report had no bearing on the state’s case.
Mewalal certified the matter to proceed and adjourned the trial until April 2026.
The rape occurred in March 2023 and the accused first pleaded in June 2025.
The case involves “Q” (a name assigned by GroundUp to the victim who is in witness protection), who was raped at knife-point in The Bluff on 4 March 2023.
Despite Q identifying Zwelakhe Mashaba as her attacker, he was released.
The state submits that Q was intimidated into withdrawing her charges against Mashaba.
He was later found guilty and in February this year was sentenced to ten years imprisonment.
Officer Gugulethu Buthelezi is charged with defeating the course of justice, and officers Phila Xulu and Sanele Zuma are charged with intimidation.
Earlier in the trial, CCTV footage admitted into evidence by the state shows Q being detained in police holding cells, with Mashaba being brought in and placed just outside the cells while Q was questioned by Xulu and Zuma.
According to the state, on the same day, both Q and Mashaba were arrested and placed overnight in nearby cells.
Both were transported in the same police vehicle to court the next day, where the NPA flagged Q’s case for irregularities.
Independent Police Investigative Directorate member Michael Viljoen previously testified that it was against the police code of conduct to transport a victim of sexual assault with an accused.
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