Shadrack Sibiya returns to court after resigning from SAPS

Former deputy national police commissioner Lieutenant-General Shadrack Sibiya is expected back in the Randburg Magistrate’s Court on Tuesday as his bail proceedings continue, following his resignation from the South African Police Service (SAPS).

The 59-year-old former senior officer faces several serious criminal charges, including rape, sexual grooming, human trafficking and negligent possession of a firearm. He denies the allegations, while the State is opposing his release on bail, arguing that it has a strong case against him.

His court appearance follows a hearing last week that raised questions about an alleged R300,000 debt linked to a GWM bakkie, claims of extensive voice recordings and an alleged file containing information about senior officials and politicians.

Sibiya leaves SAPS during disciplinary proceedings

SAPS confirmed on Monday that Sibiya’s employment had ended with immediate effect after his legal representative submitted his resignation during an ongoing disciplinary hearing.

National police spokesperson Brigadier Athlenda Mathe said the disciplinary process had already begun when the resignation was tendered.

Because Sibiya left while facing disciplinary proceedings, his departure was classified by the police service as a dishonourable discharge.

His resignation comes as he faces criminal proceedings following an investigation by the Commission Recommendations Task Team, which is examining matters arising from the Madlanga Commission.

Although he is no longer employed by SAPS, the resignation does not bring an end to the criminal case against him.

The charges Sibiya faces

The State alleges that Sibiya raped an 18-year-old woman at a Sandton hotel on 15 May after she was allegedly given alcohol and lost consciousness.

He is also accused of sexually grooming a 16-year-old girl through WhatsApp messages between July and August, as well as possessing and sharing sexually explicit images of her.

A further allegation involves the trafficking of three people for sexual exploitation.

These allegations have not been proven in court, and Sibiya maintains his innocence.

The bail proceedings are therefore focused on whether he should be released while the criminal case continues.

Disputed R300,000 debt features in bail hearing

One of the key issues raised during last week’s proceedings was an alleged R300,000 debt involving a GWM bakkie and the father of the 16-year-old girl, identified in court as Mr M to protect his daughter’s identity.

Sibiya’s lawyer, Estelle Killian SC, presented an affidavit from his cousin, Victor Monamudi, in support of the bail application.

Monamudi said an apostle associated with the Enlightened Christian Gathering (ECG) church in Midrand had told him that Mr M approached him about the alleged debt and asked him to arrange a meeting with Sibiya’s family.

According to Monamudi’s account of that conversation, Mr M had provided invoices relating to the amount he claimed was owed and allegedly indicated that he would withdraw the case if the family paid.

Monamudi stressed that he had not personally witnessed the conversation and was relaying what the apostle had told him.

He said the family decided not to get involved in the dispute or negotiate a payment in exchange for the withdrawal of the charges.

Monamudi also told the court that Mr M had attempted to contact him on 26 September and that he activated his phone’s recording function to keep an accurate record of the conversation.

Sibiya’s wife raises concerns about alleged pressure

An affidavit from Sibiya’s wife, Sizakele Dlamini, also addressed an alleged attempt to have the case withdrawn.

Dlamini said the apostle had told her that Mr M wanted to withdraw the charges after seeing Sibiya crying in court.

She said she suspected the approach could be a set-up and instructed the apostle to continue with the case.

Dlamini further alleged that the apostle told her Mr M was being pressured by individuals identified as “Khumalo and Mkhwanazi”. The affidavit did not clarify who those individuals were.

According to her account, Mr M had allegedly become fearful and believed he had gone too far.

The defence explained that the apostle was an assistant pastor at the ECG church who had known the family for about six months and had provided spiritual and emotional support. He was not Bishop Maumela, an associate of Sibiya who had previously spoken publicly about the case.

These claims formed part of the defence’s account of the relationships and alleged interactions surrounding the matter.

Alleged secret file and nearly 300 recordings

The bail hearing also heard claims about WhatsApp messages allegedly sent by Mr M to Dlamini.

According to the messages presented in court, Mr M claimed to have compiled information about Sibiya’s movements, meetings and interactions. The material allegedly included photographs, location records, recordings and other documents that he intended to hand to investigators.

The claims reportedly extended to businessman Vusimuzi “Cat” Matlala, politicians, senior officials and people who had allegedly disappeared.

Mr M also claimed to have stored the information on a USB device and arranged for someone to keep it for his safety.

In one alleged message to Dlamini, he referred to the USB and said the information would be given to the “right people” if he died.

He further claimed to have almost 300 voice recordings of conversations involving Sibiya, including discussions allegedly held inside a vehicle.

The claims about the file and recordings have added another layer to the bail proceedings, although their contents and significance remain matters to be established.

State questions relevance of defence evidence

Killian argued that the material raised questions about Mr M’s conduct and the involvement of intermediaries in the dispute.

She questioned why Mr M had allegedly approached other people about the debt rather than contacting Sibiya or Dlamini directly.

Prosecutor Velile Makhasana did not object to the evidence being presented but questioned its relevance and how the WhatsApp messages and other material had been introduced.

He maintained that the evidence did not undermine the State’s case against Sibiya.

The prosecution continues to oppose bail, while the defence is seeking to persuade the court that Sibiya should be released pending further proceedings.

The bail application is expected to continue on Tuesday at the Randburg Magistrate’s Court. The court’s decision will determine whether Sibiya remains in custody or is released subject to any conditions imposed.

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Source: IOL