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 wanted 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 aimed to understand the motivation behind the letter.
The court heard that Sibiya's legal team had been served with an expedited SAPS disciplinary notice during his previous court appearance. Moosa stated that the original mandate of his team related to the disciplinary proceedings, but there had subsequently been an overlap with the criminal matter. Sibiya faces further legal and disciplinary challenges, including an additional charge of negligent handling of a firearm.
The 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 issues are becoming increasingly complex.
During 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 highlighted the nuances of the case.
The bail application proceedings were temporarily adjourned on Thursday after the court experienced a technical problem with its recording equipment. Sibiya remains detained at Kgosi Mampuru II Correctional Centre while his bail application continues. The court will reconvene to consider the application.
Moosa emphasized that Sibiya is entitled to his freedom, responding to Makasana's questions. The case raises questions about the balance between caution and the protection of individual rights in the face of speculation and potential charges.
Key points
- Sibiya's lawyer justifies letter to NDPP as a cautious measure to protect his rights.
- Sibiya faces additional charges and disciplinary notices amid his bail application.
- The court proceedings were adjourned due to technical issues with the recording equipment.
