Allegations presented at the Randburg Magistrate’s Court suggest that some complainants in the case against suspended deputy national police commissioner Lt-Gen Shadrack Sibiya hesitated to report their claims due to his high-ranking position within the police force.
Details of an alleged May 16 incident involving a group of young women were presented in an affidavit by an investigating officer during Sibiya’s bail proceedings.
The state alleges the women initially planned an outing together and asked a man identified in court as Mr M, who worked as Sibiya’s bodyguard, to assist them with transport and accommodation.
According to the affidavit, Mr M collected four women from the Gautrain station on May 15 and drove them to the Garden Court Hotel, where he used his rewards points to obtain a discount on their accommodation before leaving.
It is claimed that on the following day, Mr M was on the phone with the women about taking them somewhere to take photos, at which point Sibiya entered the discussions.
The investigating officer alleged Sibiya suggested taking the group to The Grand, which was described in court as a strip club.
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These accusations are included in the state’s arguments against Sibiya’s bail and have not yet been adjudicated.
The investigating officer also raised concern about alleged interference with the investigation and intimidation of state witnesses.
According to her affidavit, on September 18, while the complainant’s inquiry was being converted into a criminal case docket, Mr M received a phone call that caused him concern.
The investigating officer told the court she recorded the conversation because of what she described as threats allegedly made during the call.
The state sought to play an audio clip of the conversation in court but technical difficulties prevented it from being played at that stage.
Sibiya’s legal team objected, questioning the legality and admissibility of the recording and arguing that the state first needed to establish a proper legal basis for introducing it as evidence.
She said Sibiya told police his firearm was locked inside his vehicle, and officers subsequently found it there.
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According to the affidavit, a separate case was opened regarding the alleged failure to properly safeguard the firearm in terms of the Firearms Control Act.
The court also heard that Sibiya had been served a notice relating to an expedited SAPS disciplinary process scheduled to begin on October 5.
Sibiya faces charges including rape, trafficking in persons, and sexual grooming offences.
The bail proceedings are continuing, with the state arguing that Sibiya’s senior position in the police may have intimidated the complainants, including MC, who allegedly refused to open a case against him due to fear of his stature in the SAPS and her parents.
Further details emerged about the events that transpired at the hotel, with the investigating officer testifying that the women had become increasingly uncomfortable as the night wore on.
The state alleges that Sibiya’s actions, including supplying the group with alcohol and encouraging them to participate in a drinking game, contributed to the women’s distress.
