Rape Cover up Trial: Police Detained Victim Overnight Near Her Rapist

The trial of three police officers alleged to have attempted to cover up a rape resumed in the Durban Regional Court on Thursday.

• The trial of three police officers, alleged to have attempted to cover up a rape, resumed in the Durban Regional Court on Thursday.
• The state presented evidence from CCTV showing that the rape victim was held overnight in a cell near her rapist, Zwelakhe Mashaba.
• The state also revealed that Mashaba’s DNA is linked to two other open rape cases in Mpumalanga.

The trial of three Brighton Beach police officers, alleged to have attempted to covered up a rape, resumed in the Durban Regional Court on Thursday, with the state presenting CCTV evidence.

The case concerns Q (name used by GroundUp to protect the woman’s identity) who was raped by Zwelakhe Mashaba on 4 March 2023 at knifepoint in the Bluff area.

Q reportedly opened a case on the day, but Mashaba was not arrested. According to the state, only after Q pressed police to respond to her case, was Mashaba arrested on 17 March. He was released on 20 March on a 328-notice signed by police officer Gugulethu Buthelezi, one of the accused in the current trial. (A section 328 informs a suspect that there is insufficient evidence against them, and they are free to go.)

In evidence led so far, IPID investigator Michael Viljoen submitted that Q was taken to the police station on 27 March and detained in holding cells for approximately four hours. She was intimidated by the other two accused officers in the current trial – Phila Xulu, and Sanele Zuma – into withdrawing her case against Mashaba. Q was arrested for defeating the ends of justice and placed in the main jail overnight.

Vijoen testified that Mashaba was rearrested on 27 March, charged with intimidation, and also placed in the main cells, just meters away from Q.

Viljoen noted that for more than six hours that night, neither cell was checked by the officers, which constitutes misconduct.

He testified that on 28 March, Q and Mashaba were transported in the same police van to court — with Q seated in the front and Mashaba at the back. He said this was a serious breach of conduct, given that Mashaba was the man she had accused of raping her.

The court heard that on 28 March, neither Q’s charge of defeating the ends of justice, nor Mashaba’s charge of intimidation were enrolled at the court.

Magistrate Mayne Mewalall heard that the Public Protector had flagged irregularities and referred the matter to IPID for investigation.

Viljoen said his investigation revealed that Mashaba’s two charges were first for rape on the 17 March, for which he was released, and second for intimidation, which the NPA did not pursue.

On Wednesday, we reported that Viljoen said only Q, the victim, was detained. On Thursday Viljoen corrected this testimony, asserting that Mashaba was detained for seven days following his court appearance on 28 March 2023. After he was released on bail, Q was placed under witness protection on 11 April 2023.

Viljoen also testified that Mashaba was convicted and sentenced for the rape in 2025. Following the conviction, police forensic services linked Mashaba’s DNA to two unsolved rape cases in Mpumalanga.

The accused police officers on trial – Buthelezi, Xulu, and Zuma – pleaded not guilty to charges of defeating the ends of justice and intimidation. In a joint statement, the trio allege the case is an act of “malicious prosecution” rooted in internal SAPS politics and its relationship to the National Prosecuting Authority.

Mewalall postponed the hearing to 4 July to give the defence time to source dockets and information pertaining to Q.

An application by the media to photograph proceedings was dismissed on the grounds of witness protection. A security detail was also ordered by the state for Viljoen’s appearance.

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