By Lehlohonolo Lehana.
The suspended SA Police Services (SAPS) Deputy National Police Commissioner, Shadrack Sibiya, will spend the weekend in custody after his bail application was postponed until next Wednesday when the Randburg Magistrate’s Court is expected to consider proper translations of two audio recordings played during the proceedings.
Sibiya was back at the Randburg Magistrate Court for his bail application.
The recordings are central to the state’s argument that there are concerns about possible interference with witnesses if Sibiya is released.
The court played a recording of a conversation between Sibiya and Mr M, his former bodyguard and associate, who is also the father of one of the victims and main complainant in the case.
In the recording, Sibiya could be heard reminding Mr M of the financial support he had previously given Mr M before accusing Mr M of speaking against him.
“I supported you, giving you money, R10,000s, R4,000s, tickets, I even gave you my card to buy groceries… I was always with you yet you were speaking ill of me, telling them to arrest me, but I never said anything.”
“I can deal with you very quickly and easy but I never did that, I used to take you as my younger brother.”
State prosecutor Velile Makhasana said the latest alleged threat was not an isolated incident, telling the court that victims had also allegedly been approached and offered money to withdraw the charges.
The court was told of the events that led to three girls being taken to The Grand, a venue that includes a hotel, restaurant and strip club.
Investigating officer Detective Sergeant Nokukhanya Ndlovu said the venue had strict entry requirements and charged high entrance fees, with entry restricted to people aged 21 and older.
During cross-examination, Sibiya’s lawyer, Advocate Amanda Nel, challenged aspects of the State’s version of what had happened at the venue.
Nel told Ndlovu that “in the eyes of the law, these three girls were adults” and questioned whether they had expressed any discomfort about being at the strip club.
Sibiya’s other lawyer, SC Estelle Killian, argued that the State was creating the impression that he engaged in sexual activity with underage girls, which she said was not the case. According to Sibiya, the sexual encounter with the 18-year-old who accused him of rape was consensual.
Nel questioned Ndlovu about the photographs and asked whether she had investigated why a 16-year-old girl had naked photographs of herself, including photographs of her genitalia.
Ndlovu said she had asked about the issue but described it as sensitive, and said a social worker would later explain the circumstances to the court.
Nel also asked whether there was any possibility that ZM’s father had been involved in distributing his daughter’s photographs. Ndlovu said there was not, at least according to her evidence.
The investigator also explained her understanding of the relationship between Sibiya and Mr M, saying Mr M would follow instructions because of his position as an employee and the trust the girls placed in him.
Sibiya’s legal team disputed this evidence, with Nel telling the court that Mr M had never been employed by Sibiya as a bodyguard, protector or driver.
“Well, it’s my instructions, like I said yesterday again, is that Mr M was never employed by the applicant as a bodyguard or protector or a driver … he denies what Mr M told you,” Nel said.
The defence intends to lead evidence implicating Mr M in the alleged offences. “In fact, the person who is guilty of all these allegations is Mr M. He is the one who perpetrated these acts,” Nel said.
The defence is also preparing to challenge the timing of Sibiya’s disciplinary proceedings within the South African Police Service (SAPS). His lawyers told the court that they intend to bring an urgent application to postpone a disciplinary hearing scheduled for 5 October.
Sibiya’s legal team said there were multiple disciplinary notices relating to different matters and that he was not ready to proceed with Monday’s hearing while his criminal case was before the court.
If the application to postpone the hearing is unsuccessful, the defence has indicated that it might approach the Labour Court.
Magistrate Hleziphi Mkhasibe postponed the matter until October 7 after the recordings became part of the evidence being considered in Sibiya’s Schedule 6 bail application.