Opens in a new tab

Tears, Explosive Claims and a 25-Minute Audio: Sibiya’s Bail Hearing Takes Dramatic Turn

suspended Deputy National Police Commissioner for Crime Detection Lieutenant General Shadrack Sibiya
Explosive allegations linking former Deputy National Police Commissioner Shadrack Sibiya to controversial figures and alleged criminal dealings emerged in the Randburg Magistrates’ Court on Tuesday. Photo: JCPS

Explosive allegations linking former Deputy National Police Commissioner Shadrack Sibiya to controversial figures and alleged criminal dealings emerged in the Randburg Magistrates’ Court on Tuesday as the State continued its opposition to his release on bail.

A 25-minute audio recording played in court contained claims by Serge Cabonge about Sibiya’s alleged dealings through Sergeant Fannie Nkosi, as well as purported links to businessman Vusimusi “Cat” Matlala, businessman Hangwani Maumela and former National Director of Public Prosecutions Shamila Batohi.

The recording also contained allegations about an individual Cabonge described as someone who sits at the Madlanga Commission of Inquiry.

Cabonge claimed that he had concealed a criminal offence on behalf of this individual and that the person had advised him to flee the country after his name was mentioned during the commission’s proceedings.

The recording, captured by a man identified as Mr M, was played during Sibiya’s bail application, with the court hearing the allegations as the former senior police officer fought to secure his release after spending about three weeks in custody at Kgosi Mampuru II Correctional Centre.

Tuesday’s proceedings marked Sibiya’s first court appearance as a civilian following his departure from the South African Police Service (SAPS).

His legal team confirmed on Monday that he had resigned during an internal disciplinary hearing in which he faced corruption and misconduct charges.

The playing of the recording became a point of contention between the defence and the State.

Although the defence had introduced the audio as evidence, it subsequently sought to withdraw it. The State, however, asked for the recording to be played, and the magistrate agreed.

As the 25-minute clip played, Sibiya appeared visibly unsettled, biting his lips, closing his eyes and making various facial gestures. Tears were visible in his eyes at times as he looked upwards.

After the recording ended, Advocate Nel, representing Sibiya, sought to question a sergeant in the witness box.

The State objected, arguing that the witness had been called to identify the people whose voices could be heard in the recording, not to testify about its contents.

The prosecutor argued that the witness was neither the author of the recording nor the person who had recorded it and therefore could not be cross-examined on the allegations contained in the clip.

The magistrate intervened, indicating that it would be unfair to subject the witness to cross-examination on the basis of the recording. She also pointed out that the defence had brought the audio before the court.

The magistrate further remarked that she had not heard Mr M threatening or intimidating anyone in the recording.

The prosecutor said the defence could put Sibiya’s version to the witness if the court considered it appropriate, subject to the witness’s responses.

Nel said that was what she intended to do. She asked for time to take instructions from her client, adding that the recording was lengthy.

The court adjourned for 30 minutes.

Sibiya’s family members, seated in the public gallery, appeared worried as the proceedings unfolded.

The former senior police officer is also facing criminal allegations relating to the alleged sexual grooming of a 16-year-old girl and the alleged rape of her 18-year-old friend.

He has not been convicted of these offences, and the allegations remain subject to the criminal justice process.

His criminal case is separate from the internal disciplinary proceedings in which he faced corruption and misconduct charges.

Sibiya’s departure from the police service could also have financial consequences.

Willem Els of the Institute for Security Studies said his departure would affect his pension, leaving him without monthly payments, according to an interview shared by eNCA.

For now, Sibiya’s immediate battle is in the Randburg Magistrates’ Court, where the State is continuing to argue against his release on bail.

Author

RELATED TOPICS

Related Articles

African Times