Suspended 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.
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.
The recordings are central to the state’s argument that there are concerns about possible interference with witnesses if Sibiya is released.
Friday’s proceedings continued with the cross-examination of investigating officer Detective Sergeant Nokukhanya Ndlovu, who has been giving evidence in opposition to Sibiya’s release.
Ndlovu has told the court that the state believes Sibiya could interfere with witnesses and complainants if granted bail.
The defence challenged parts of Ndlovu’s evidence, including her description of the circumstances surrounding Sibiya’s arrest at The Grand in Sandton on September 21.
The state has described the venue as a strip club. The defence has argued that Sibiya was arrested in the restaurant section of the premises and that the establishment also has a separate hotel area.
The issue of The Grand also formed part of the state’s account of the events involving three young women.
Ndlovu told the court that Sibiya allegedly took the women to the Sandton venue, where they were provided with food and alcohol. She further testified that Sibiya allegedly told the venue’s management that the group was celebrating a birthday, despite concerns about the group members’ ages.
Sibiya’s legal team has challenged the state’s human trafficking case, questioning the role of a man referred to in court as Mr M. The defence argued that Mr M was involved in transporting the young women and questioned why he had not been charged with human trafficking. The state, however, continues to pursue its case against Sibiya.
The court has also heard evidence of an audio recording involving Sibiya and the 16-year-old complainant's father. The state presented the recording as part of its argument concerning possible witness interference. As the recordings were played in court, the magistrate requested proper translations before the bail proceedings continued.
The defence is also preparing to challenge the timing of Sibiya’s disciplinary proceedings within the South African Police Service. 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.