Suspended deputy national police commissioner Shadrack Sibiya will remain in custody over the weekend after his bail hearing was postponed until October 7. The Randburg Magistrate’s Court requested proper translations of two audio recordings played during the proceedings, which are central to the state’s argument that there are concerns about possible interference with witnesses if Sibiya is released. The court will consider the translations before proceeding with Sibiya’s Schedule 6 bail application.
The bail hearing 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 Grand as a strip club, while 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.
The state presented an audio recording involving Sibiya and the 16-year-old complainant's father as part of its argument concerning possible witness interference. As the recordings were played in court, Magistrate Hleziphi Mkhasibe 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.
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 defence is preparing to bring an urgent application to postpone a disciplinary hearing scheduled for 5 October. Sibiya’s lawyers told the court that they intend to postpone the hearing as 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. Sibiya will remain in custody until the bail hearing resumes on October 7, when the court will consider the translations of the audio recordings. The court will then determine whether to grant Sibiya bail or continue with the Schedule 6 bail application.
Key points
- The bail hearing of suspended deputy national police commissioner Shadrack Sibiya has been postponed until October 7.
- The court is seeking proper translations of two audio recordings played during the proceedings.
- Sibiya’s legal team is preparing to challenge the timing of his disciplinary proceedings within the South African Police Service.
