Two young complainants at the centre of the case against suspended deputy national police commissioner Lieutenant General Shadrack Sibiya are allegedly so fearful for their safety that they have been sending messages indicating that they could take their own lives.
The revelation was made in the Randburg Magistrate’s Court on Thursday during Sibiya’s bail application, where Detective Nokukhanya Ndlovu, an investigating officer attached to the Commission Recommendations Task Team, was being cross-examined.
Ndlovu told the court that the situation involving the complainants remained a serious concern.
“In light of what I had placed on my affidavit, is that the girls constantly keep on sending texts of either one (planning to) committing suicide or fearing for their lives,” she told the court.
“So, even today and yesterday, it’s a constant thing. And this is really worrying. And I thought I should just alert the court about that.”
The allegations have emerged as the state opposes bail for Sibiya, who faces charges including rape, sexual grooming and human trafficking, as well as an additional charge relating to unlawful possession of a firearm.
Witness protection raised in court
Magistrate Hleziphi Mkhasibe asked Ndlovu whether a witness protection order was in place for the complainants.
“Yes, Your Worship, the Witness Protection Program has been engaged,” Ndlovu responded.
She explained that the girls were still completing their school examinations, meaning their families had made arrangements to keep them safe while the formal protection process was being prepared.
“However, the school, they are writing their last papers.”
“Therefore, the families have considered ensuring safety for now, up until the Witness Protection Program can embark.”
Ndlovu told the court that the programme was expected to become involved once the girls had completed their examinations.
“As soon as they indicate that they are ready to get to them, once they are done with their exams. Should be in the month of October.”
The court was therefore told that the families were currently taking steps to protect the complainants while arrangements with the Witness Protection Programme were being finalised.
State says its case against Sibiya is strong
Ndlovu also opposed Sibiya being released on bail, arguing that his release would not be in the interests of the public or justice.
She told the court that the state believed it had a strong case against the suspended senior police officer.
“Considering the strong case against the applicant and the strong likelihoods highlighted above, I humbly request that in the interest of justice, bail be refused against him.”
Ndlovu also referred to the wider crisis of violence against women and young women in South Africa.
She cited remarks made by President Cyril Ramaphosa during his recent address on violence against women, telling the court that the president had described abuse, rape and the killing of women as a national crisis.
“This is the crisis in the Republic. He (referring to Ramaphosa) stated that the abuse, the rape, and the killing of women remains a stain on our national conscience and declared that it cannot be allowed to define the nation.”
“He further stated that the burden of ending abuse cannot continue to rest primarily on the shoulders of its victims, noting that women are constantly forced to adjust their daily lives to stay safe.”
The allegations before court
Sibiya, 59, was arrested last week following an investigation by the Commission Recommendations Task Team, which is examining matters arising from the Madlanga Commission.
The state alleges that an 18-year-old woman was raped at a Sandton hotel on 16 May after she had allegedly been given alcohol and lost consciousness.
Sibiya is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August. The state alleges that this included the possession and sharing of sexually explicit images involving the teenager.
The teenager is the daughter of one of Sibiya’s associates.
The state further alleges that Sibiya trafficked three people for the purpose of sexual exploitation.
Sibiya has denied the allegations. The charges remain allegations and have not been tested through a trial.
The bail proceedings have also included evidence about an alleged drinking game involving young women, WhatsApp exchanges and allegations that complainants were initially reluctant to report matters because of Sibiya’s senior position within the South African Police Service.
The court has additionally heard evidence concerning an alleged threat made to the father of the 16-year-old complainant. The state alleges that Sibiya told him: “What are you doing, do you know it can take a minute to wipe you and your family?”
Commission investigation at the centre of case
The investigation into Sibiya forms part of the work of the Commission Recommendations Task Team, which has been examining matters arising from the Madlanga Commission.
The bail hearing has consequently brought allegations involving a senior police officer, complainant safety and possible witness interference before the court.
On Thursday, the issue of the complainants’ safety became a central part of the state’s argument against bail, with Ndlovu telling the magistrate that the messages indicating fear and possible suicide were continuing.
The bail hearing was postponed to Friday for further proceedings.
