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) regarding potential criminal charges against Sibiya. This was revealed 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 ongoing criminal investigations involving Sibiya.
Moosa explained that the letter was intended to enforce and preserve Sibiya's rights, as well as prevent circumstances that could adversely affect him. Prosecutor Velile Makasana questioned the specific rights that needed protection at the time, particularly given that Moosa had testified that speculation on social media was the motivation. Makasana inquired about the necessity of approaching the NDPP, given that Sibiya was still considered an ordinary citizen at that stage.
Moosa maintained that Sibiya's rights remained relevant, stating that "rights are entrenched, and rights can be taken away." He emphasized that Sibiya was entitled to his freedom. The court proceedings are part of Sibiya's ongoing legal challenges, including an additional charge of negligent handling of a firearm and two additional South African Police Service (SAPS) disciplinary notices.
The court heard that Sibiya had been served with an expedited SAPS disciplinary notice during his previous court appearance. His legal team initially focused on the disciplinary proceedings, but there has since been an overlap with the criminal matter. Sibiya remains detained at Kgosi Mampuru II Correctional Centre while his bail application continues.
Proceedings were temporarily adjourned on Thursday due to a technical problem with the court's recording equipment. The bail application is ongoing, with the court expected to make a decision in due course. Sibiya's legal team continues to argue that he should be granted bail, pending the outcome of the trial.
The case against Sibiya involves multiple charges, including the newly added count of negligent handling of a firearm. His lawyer's justification for writing to the NDPP highlights the complexities of the case and the need for caution in protecting Sibiya's rights. The court will consider all arguments presented before making a decision on the bail application.
Sibiya's detention continues as the court considers his bail application. The case raises questions about the balance between protecting an individual's rights and ensuring that justice is served. The outcome of the bail application and the trial will have significant implications for Sibiya's future and the broader South African law enforcement community.
Key points
- Sibiya's lawyer justifies letter to NDPP as a cautious measure to protect his rights amid speculation of criminal charges.
- The court proceedings involve multiple charges against Sibiya, including negligent handling of a firearm and disciplinary notices from SAPS.
- The bail application continues, with the court expected to make a decision after considering all arguments presented.
