Suspended deputy national police commissioner Shadrack Sibiya has accused the Commission’s Recommendations Task Team (CRTT) of abusing its powers and orchestrating his arrest as part of an internal police battle.
Sibiya appeared in the Randburg Magistrate’s Court on Tuesday for his bail application, which was postponed to Thursday, 1 October, after the state said it needed time to verify new evidence.
Sibiya was arrested on 21 September and charged with two counts of sexual grooming of a child, child trafficking and rape.
His defence argued that the sexual offences allegations fell outside the mandate of the Madlanga Commission of Inquiry and accused the CRTT of becoming involved in a matter that did not arise from the commission’s work.
“The obvious but crucial question that needs to be answered by the state is why the CRTT and its members involve themselves in matters that clearly did not emerge from the commission scope or mandate,” Sibiya said in his affidavit.
“The answer lies in the pertinent fact that all allegations are aimed at removing me from the SAPS sphere and due to the fact that no charges emanating from the commission could affect the same. The current case was trumped up against me,” he said.
Sibiya said he had written to the National Prosecuting Authority assuring it of his cooperation and offering to hand himself over.
Sibiya also questioned the circumstances of his arrest, saying he was arrested at the Grand Club in Rivonia rather than at his home address listed in the warrant. He said his home was searched on the same day and accused police of surveilling his movements.
He also alleged that there had been a ploy against him, including the raid on his home at the same time as the home of suspended police minister Senzo Mchunu was searched
His lawyer, Rahim Moosa, appeared as a witness and confirmed that Sibiya had written to the NPA.
Sibiya provided the court with his version of events underlying the sexual offences charges.
He said a man identified in court as Mr M and his sister had held a braai in Kempton Park to which Sibiya was invited. He said he was asked to collect Mr M’s daughter, ZM, and her friend.
Sibiya said Mr M was distressed after seeing a video of ZM masturbating, which he then forwarded to Sibiya.
The magistrate questioned why Mr M would send the video to Sibiya when they were together at the time. After consulting Sibiya, his lawyer said they could not explain why Mr M had sent him the video.
Sibiya said Mr M subsequently phoned ZM and questioned her about her alleged crush on Sibiya. During the call, he said, ZM asked to see the video and Sibiya sent it to her.
His defence is that he sent the explicit video at her request, denying the charge of grooming and sending explicit material.
He further denied the child trafficking and rape charge, arguing that the actions of Mr M should not be attributed to him.
Sibiya also described another occasion when Mr M invited him to a hotel, where he found him with three women in a room. He said the women appeared intoxicated and that he did not remain there for more than 30 minutes.
The following day, Sibiya said, he returned to the hotel and had lunch with the three women. He said he was later left alone with one of the women and they had consensual sex.
He said the woman wanted to see him again, but that this did not happen.
Sibiya denied recruiting or transporting people for sexual exploitation and described the charges as nonsensical.
“I submit that these allegations are devoid of any substance or truth. I will show that in fact Mr M was the person who had perpetrated the aforesaid actions,” he said.
The state is expected to respond to Sibiya’s bail application when proceedings resume on Thursday.