Suspended deputy national police commissioner Lieutenant-General Shadrack Sibiya will remain in custody over the weekend after his bail application was postponed in the Randburg Magistrate’s Court on Friday.
The matter will resume on Wednesday, October 7, after Magistrate Hleziphi Mkhasibe ordered that proper translations be prepared for two audio recordings that formed part of the State’s opposition to bail.
Sibiya is facing charges including rape, human trafficking, sexual grooming of a minor and an additional firearm-related charge. He denies the allegations.
Alleged threat played in court
One of the key developments was the playing of a recording allegedly involving Sibiya and the father of the 16-year-old complainant.
In the recording, Sibiya is heard discussing financial support he allegedly provided to the man, including amounts between R4 000 and R10 000 and access to his bank card.
“I took you like my younger brother,” Sibiya is heard saying.
He then allegedly tells the man: “The easiest person to deal with is you. I can deal with you very quickly and easily.”
The State relied on the recording as part of its argument that Sibiya could interfere with witnesses if released on bail.
A second recording was also played. It allegedly involved a person claiming that a SAPS officer had approached them and wanted them to coordinate with the teenager’s father to influence the case in exchange for money.
The recording was unclear, and the magistrate ordered that proper translations be prepared before the matter continues.
Sibiya’s legal team described the recordings as new evidence and indicated that it would address them during the proceedings.
State says witnesses could be at risk
Investigating officer Detective Sergeant Nokukhanya Ndlovu has argued strongly against Sibiya being released.
She told the court that there was evidence suggesting a risk of witness interference and intimidation.
Ndlovu specifically referred to the alleged phone call involving the father of the 16-year-old complainant.
“The accused actions are beyond reasonable doubt that he is likely to harm Mr M or ZM who are well known to him and whose contact details are known to him,” Ndlovu said.
She added that the circumstances of the call could support an inference that Sibiya was personally monitoring Mr M or had someone doing so on his behalf.
The court also heard that two complainants had allegedly been sending messages expressing fears for their safety or suggesting that they could take their own lives.
Ndlovu told the court: “The girls constantly keep on sending texts of either one (planning to) committing suicide or fearing for their lives.”
She said the Witness Protection Programme had been engaged, although arrangements were complicated by the girls’ school examinations.
Defence challenges the State’s version
Sibiya’s defence has continued to challenge the investigating officer’s evidence and the State’s interpretation of events.
One issue under scrutiny is The Grand in Sandton, where the State alleges Sibiya took three young women.
The State has described the venue as a strip club, while the defence has argued that the premises also includes a restaurant and hotel.
During cross-examination, the investigating officer acknowledged that the establishment operates under one name but has separate restaurant and hotel areas.
The defence has also questioned the human trafficking allegations, arguing that a man referred to in court as Mr M was involved in transporting the young women and should instead have been charged with trafficking.
Sibiya’s lawyers have further suggested that the case involving the 16-year-old could have been influenced by a fallout between Sibiya and her father.
These are defence submissions and have not been established as facts.
Commission task team investigation
The investigation was conducted by the Commission Recommendations Task Team, formerly known as the Madlanga Task Team.
SAPS announced in May that the task team had been renamed the Commission Recommendations Task Team because its mandate is to investigate matters arising from recommendations made by the Madlanga Commission of Inquiry.
SAPS said the team would continue its work “without fear or favour”.
Sibiya was arrested last week following the investigation.
The State alleges that he sexually groomed a 16-year-old girl through WhatsApp and raped an 18-year-old woman in a Sandton hotel. It also alleges that three people were trafficked for sexual exploitation.
The allegations remain before court and have not been tested at trial.
Sibiya remains in custody
Sibiya is currently being held at the C-Max section of Kgosi Mampuru II Correctional Centre. His defence has raised concerns about his detention conditions and the difficulty of consulting with his legal team.
His legal team is also expected to challenge the timing of an internal SAPS disciplinary hearing scheduled for October 5.
For now, there is no bail decision.
The Randburg Magistrate’s Court is expected to resume the bail proceedings on Wednesday, October 7, when the translated recordings and the outstanding evidence can be considered further.
