Suspended deputy national police commissioner Lt-Gen Shadrack Sibiya's lawyer, Rashad Moosa, has stated that they "acted out of caution" when writing to the National Director of Public Prosecutions (NDPP) amid speculation that Sibiya could face criminal charges. This was during cross-examination at Sibiya's bail application in the Randburg magistrate's court on Thursday. Moosa emphasized that the correspondence was initially an inquiry aimed at establishing whether there were criminal investigations involving Sibiya and protecting his rights.
Moosa told the court that the letter to the NDPP was "an inquiry, firstly," but also aimed to enforce and preserve Sibiya's rights and avoid circumstances that could adversely affect him. Prosecutor Velile Makasana questioned which specific rights the legal team believed needed protection at the time, particularly as Moosa had testified that there had been speculation on social media. Makasana's line of questioning suggested that the correspondence appeared precautionary rather than prompted by a specific right being under threat.
During the cross-examination, Makasana put it to Moosa that the correspondence appeared to have been precautionary rather than prompted by a specific right being under threat. Moosa maintained that Sibiya's rights remained relevant, saying, "Rights are entrenched, and rights can be taken away." This exchange occurred as Sibiya faces further legal and disciplinary challenges, including an additional charge of negligent handling of a firearm.
The court proceedings revealed that Sibiya's legal team had served him with an expedited SAPS disciplinary notice during his previous court appearance. His legal team said its original mandate related to the disciplinary proceedings, but there had subsequently been an overlap with the criminal matter. Sibiya remains detained at Kgosi Mampuru II Correctional Centre while his bail application continues.
An additional charge of negligent handling of a firearm was added to Sibiya's charges on Thursday. Two additional South African Police Service (SAPS) disciplinary notices have also been served on him while he remains in custody. These developments indicate that Sibiya's legal challenges are mounting.
The court proceedings were temporarily adjourned on Thursday after the court experienced a technical problem with its recording equipment. This delay did not affect the determination of Sibiya's bail application, which continues. Sibiya's lawyer, Rashad Moosa, emphasized that Sibiya is entitled to his freedom.
Sibiya's case highlights the complexities of balancing individual rights with the need for caution in the face of speculation and potential investigations. The case continues to unfold, with Sibiya's bail application ongoing. Key considerations include the legitimacy of the correspondence with the NDPP and the protection of Sibiya's rights.
Key points
- Sibiya's lawyer acted out of caution when writing to the NDPP amid speculation about potential criminal charges.
- Sibiya faces additional legal and disciplinary challenges, including an extra charge and SAPS disciplinary notices.
- The court proceedings continue, with Sibiya's bail application ongoing.
