South African police Lt-Gen Shadrack Sibiya appeared at the Randburg magistrate's court on Tuesday to apply for bail on charges of sexual offences. The 59-year-old Sibiya is accused of sexually grooming a 16-year-old girl and raping an 18-year-old, 41 years his junior. Sibiya, however, claims that the charges are unfounded and that he had consensual sex with the 18-year-old. His claims have sparked a backlash from advocacy groups, who argue that 18-year-old girls are vulnerable and can be easily coerced.
Advocacy groups have condemned Sibiya's claims, stating that while an 18-year-old is considered an adult in the eyes of the law, they are still vulnerable to exploitation. Sarah Lekale, chairperson of the Free State GBV Forum, said that 18-year-old girls are the most vulnerable and make wrong decisions because they are told they are now adults. Lekale added that the government needs to change the age of consent to protect young girls from exploitation.
The Lentswe Laka Foundation's founder, Bridget Ramokone, also expressed concerns over Sibiya's claims, stating that they raise serious questions about power, influence, and coercion. Ramokone said that taking teens to strip clubs and hotels and providing them with alcohol before engaging in sex cannot be brushed off as consensual. She added that the court must fully examine the case and that they stand firm with the victims.
Managing director of Khulisa Social Science, Lesley van Selm, described Sibiya's statement as reprehensible, saying that it makes a mockery of the justice system. Van Selm added that it is inexcusable for a man of Sibiya's maturity and age to apply for bail on the basis of consensual sex. Sibiya's affidavit, read out by his lawyer, disputes the state's version of events surrounding the alleged rape.
In his affidavit, Sibiya claimed that he and the 18-year-old had consensual intercourse at a Sandton hotel in May. He also stated that he stayed in contact with the teenager afterwards and that she expressed an interest in meeting him again. However, the state alleges that Sibiya took the teenager and her friends to a strip club in Sandton and later raped her at a hotel after she became heavily intoxicated.
Sibiya's lawyer argued that exceptional circumstances existed to justify his release on bail, citing the cumulative effect of the facts contained in his affidavit. Sibiya also complained about the way his arrest was carried out, describing it as a "well-orchestrated, diabolical plan" aimed at incarcerating him based on false allegations. The bail application was postponed to Thursday to allow the state to consider Sibiya's evidence.
The state is opposing Sibiya's bail application, and he will also face a disciplinary hearing on Monday over corruption allegations that emerged from the Madlanga commission of inquiry. At the commission, Sibiya is accused of having improper relationships with alleged underworld figures. Police spokesperson Brig Athlenda Mathe said that Sibiya was served with notice of the disciplinary hearing, which will take place on October 5.
Key points
- - The case has sparked a backlash from advocacy groups, who argue that 18-year-old girls are vulnerable and can be easily coerced. - Sibiya's claims have been described as reprehensible by Lesley van Selm, managing director of Khulisa Social Science. - Sibiya faces a disciplinary hearing on Monday over corruption allegations that emerged from the Madlanga commission of inquiry.
