Shadrack Sibiya court wrap: WhatsApps, witness claims and new charge

Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya’s bail hearing took a dramatic turn on Thursday as the State placed alleged WhatsApp messages involving a 16-year-old girl and claims of possible witness interference before the Randburg Magistrate’s Court.

Prosecutors also added a sixth charge against the 59-year-old senior police officer, relating to the alleged unlawful storage of a firearm.

Sibiya remains behind bars at Kgosi Mampuru II Correctional Centre while his Schedule 6 bail application continues.

The case returns to court on Friday.

Shadrack Sibiya bail hearing focuses on WhatsApp messages

Investigating officer Detective Sergeant Nokukhanya Ndlovu took the stand and detailed WhatsApp communication the State alleges took place between Sibiya and the 16-year-old complainant.

The court heard that investigators recovered messages and calls which prosecutors believe support the sexual grooming charges against him.

Ndlovu testified that Sibiya allegedly questioned the teenager about whether she was sexually active, told her not to date anyone else and asked her to keep their communication secret.

The State further alleges that Sibiya asked the girl to send explicit photographs and videos.

The allegations have not yet been tested at trial.

Sibiya intends to plead not guilty and has previously denied having a sexual relationship with the teenager.

State raises witness interference concerns

The investigating officer also opposed Sibiya’s release on bail, telling the court that investigators had concerns over possible interference with witnesses.

The court heard a recorded telephone conversation involving Bishop Azwihangwi Maumela, described as a close friend of Sibiya, and the father of the 16-year-old complainant.

Prosecutors alleged that Maumela asked the father about the identity of the 18-year-old complainant and discussed finding her so they could speak to her.

The State relied on the conversation as part of its argument against bail.

Sibiya’s defence rejected any suggestion that he instructed Maumela to contact witnesses.

His son, Ofentse Magwenya, submitted an affidavit stating that Maumela acted on his own and was never asked by Sibiya or his family to contact, threaten or intimidate any complainant or witness.

The alleged risk of witness interference has become one of the key issues in Sibiya’s bail application.

Sixth charge added against Shadrack Sibiya

Sibiya also returned to court facing an additional charge under the Firearms Control Act.

Prosecutors allege the charge relates to the unlawful storage of a firearm found in his vehicle around the time of his arrest.

The latest charge brings the total number of counts against him to six.

His defence questioned the timing of the new charge during Thursday’s proceedings.

Sibiya already faces rape, trafficking in persons, promoting the sexual grooming of a child and two counts of sexually grooming a child.

The charges involve an 18-year-old woman and a 16-year-old girl.

Sibiya says sex with 18-year-old was consensual

As previously reported by The South African, Sibiya admitted having sex with the 18-year-old complainant but denied raping her.

In his bail affidavit, the suspended police general described the encounter as consensual and said the pair remained in contact afterwards.

The State alleges the woman had become heavily intoxicated before the alleged rape at a Sandton hotel.

Sibiya has described the case against him as based on false allegations and told the court that he intends to plead not guilty.

He has asked the court to release him on R20 000 bail.

Because the matter falls under Schedule 6 of the Criminal Procedure Act, Sibiya must show exceptional circumstances that justify his release in the interests of justice.

Why Shadrack Sibiya remains at Kgosi Mampuru

Sibiya has remained at Kgosi Mampuru II Correctional Centre since his first court appearance on 22 September.

Prosecutors previously cited intelligence relating to a possible escape if authorities detained him at a police station.

The State has also raised concerns over possible threats and interference with witnesses.

Sibiya has denied trying to evade authorities or interfere with the investigation.

His legal team argued that he knew authorities were investigating him before his arrest but did not flee.

SAPS disciplinary hearing set for 5 October

Sibiya’s criminal case is unfolding alongside internal SAPS disciplinary proceedings.

National police spokesperson Brigadier Athlenda Mathe confirmed this week that SAPS served Sibiya with notice to appear at an expedited disciplinary hearing on 5 October.

The proceedings relate to allegations arising from the Madlanga Commission of Inquiry.

Mathe said the hearing could take place at Kgosi Mampuru if Sibiya remains in custody.

If the court grants him bail, SAPS will arrange another venue.

His lawyers also told the court that Sibiya had received further disciplinary notices.

Sibiya’s bail application continues in the Randburg Magistrate’s Court on Friday.