Three Durban Police Officers Deny Rape Case Cover-Up

June 20, 2025
Increasing cases of police recklessness in South Africa | Report Focus News

DURBAN, SOUTH AFRICA- Three police officers from Brighton Beach, Durban, appeared in the Durban Regional Court on Wednesday, pleading not guilty to charges stemming from an alleged cover-up in a 2023 rape case.

Phila Xulu (37) and Sanele Zuma (48) face charges of intimidation, while Gugulethu Buthelezi (43) is charged with defeating the course of justice. The state alleges the trio attempted to suppress a rape investigation involving Zwelakhe Mashaba, who was later convicted in 2025 after intervention by the Independent Police Investigative Directorate (IPID).

According to the prosecution, Xulu and Zuma intimidated the rape survivor—referred to as Q—into withdrawing her complaint. Meanwhile, Buthelezi is accused of unlawfully releasing Mashaba on 27 March 2023 using a Section 328 form, which is typically issued when there is insufficient evidence to proceed.

The original incident occurred on 4 March 2023, when Q reported being raped at knifepoint in the Bluff area, south of Durban. Despite reporting the matter at Brighton Beach police station, she initially received no adequate support and had to return a second time for assistance.

CCTV footage presented in court shows Q visibly distressed during her time at the station, with officers seen confronting her and handling case documents. In the same footage, Mashaba appears relaxed, seated on an office chair with a loose ankle cuff attached to a cell bar.

IPID investigator Michael Viljoen testified that the agency became involved following a request from a public prosecutor on 28 March 2023. He described a lack of cooperation from station staff and revealed that police records listed Mashaba’s offence as “drunkenness” rather than rape.

Viljoen also confirmed placing Q under witness protection amid fears for her safety. He told the court that Q appeared intimidated when signing a document during her detention, though the content of the form has not yet been disclosed.

All three police officers claim they are victims of a “malicious prosecution,” alleging that internal factionalism within the police service is behind the charges. Their lawyers argue that the case stems from “workplace politics” and is being manipulated by rival police units with the support of the National Prosecuting Authority.

The officers remain out on extended bail. The trial resumes Thursday, with further analysis of the CCTV evidence expected.