The bail hearing of embattled police officer Lt-Gen Shadrack Sibiya is set to continue on Wednesday, with the state expected to press its case for his continued detention after recordings allegedly captured him threatening the father of a 16-year-old girl, saying he “can deal with him very quickly and easily.”
Last week, the Randburg Magistrates’ Court heard the recordings during the cross-examination of Detective Nokukhanya Ndlovu, an investigating officer attached to the Commission Recommendations Task Team.
The state is relying on the recordings in opposing bail for Sibiya, who faces charges including rape, sexual grooming and human trafficking.
A further charge of negligent possession of a firearm has also been added.
In the first recording played in court, Sibiya allegedly told the girl’s father that he could “deal with you very quickly and easily”.
Sibiya is heard expressing disappointment with the man and reminding him of financial support he had provided, including amounts ranging from R4,000 to R10,000 on different occasions, as well as his bank card to buy groceries.
“I took you like my younger brother,” Sibiya is heard saying.
He accused the man of speaking badly about him and telling others to have him arrested, despite Sibiya allegedly remaining close to him and continuing to support him.
“But in turn, you were saying bad things about me, and you even told them to arrest me. You did me so many wrong things, while I was still close to you,” he said.
“The easiest person to deal with is you. I can deal with you very quickly and easily,” Sibiya is heard saying.
He added that he had never acted against the man despite knowing what he had allegedly been saying about him.
The state also played a second recording in which a caller appears to say they had been approached by a South African Police Service (SAPS) officer who allegedly wanted them to work with the girl’s father to influence the outcome of Sibiya’s case in exchange for a bribe.
The recording was unclear.
This led Magistrate Hleziphi Mkhasibe to order that proper translations be prepared. The translations are expected to be provided on Wednesday.
Sibiya’s legal team said it would deal with the recordings later, describing them as new evidence.
Dispute over the girl’s father
During cross-examination, Sibiya’s lawyer, Amanda Nel, also put it to Ndlovu that the father of the 16-year-old girl was allegedly in a relationship with another teenage girl involved in the case.
Ndlovu said she had no knowledge of the alleged relationship.
Nel insisted that one of the girls was the girlfriend of Sibiya’s associate.
Ndlovu said she had interviewed a witness about the matter but declined to disclose the person’s identity.
“Your Worship, I don’t think that it’s fair for the defence to ask me a name to divulge a witness that I’ve interviewed,” she said.
She said witnesses’ names had been recorded using alphabetical identifiers.
Nel maintained that one of the girls was the associate’s girlfriend.
Ndlovu said one of the girls was a friend of the associate’s daughter and that the other girls were also friends.
She agreed with Nel that the three girls knew one another.
Events surrounding The Grand
Nel also challenged Ndlovu’s description of The Grand, where Sibiya was arrested.
The defence argued that the venue was not strictly a strip club and that Sibiya was arrested in the restaurant area while in the company of three adult men.
Ndlovu disagreed, saying the venue has a strip club at the entrance, with a hotel and restaurant behind and alongside it.
“The point where I entered is a strip club and the point where I found the applicant is at the strip club,” she told the court.
Ndlovu said the girls were seated in the strip club section on the night of May 15.
Nel asked whether Ndlovu had direct evidence from any of the complainants that they had been taken into the strip club rather than the restaurant.
“I have direct evidence from the complainants that they were taken to the strip,” Ndlovu said.
She alleged that the girls were taken through the strip club area to a VIP lounge, where they ate and drank.
Ndlovu further alleged that Sibiya instructed the girls to say they were celebrating one of their birthdays to gain entry because they were under 21.
According to Ndlovu, Sibiya spoke to the manager, which allowed the girls to enter.
Nel argued that this meant the state’s version had expanded to allege that Sibiya deceived the owner or manager of the venue, whom he knew.
Ndlovu confirmed that this allegedly happened in the presence of the girls and that one of Sibiya’s associates was also present.
Events before the alleged rape
Ndlovu also gave evidence about events on May involving the girls, who had planned an outing.
She said Sibiya became involved in arranging transport for the group and suggested they go to The Grand, a venue owned by a friend of his.
The defence disputes aspects of this account and maintains that Sibiya’s associate was also involved.
According to Ndlovu, Sibiya met the group at their hotel and instructed them to change their clothes before taking them to the venue.
She said the girls were uncomfortable with his strict behaviour and initially did not know who he was.
At The Grand, Sibiya allegedly appeared to be known at the venue and instructed the girls to say they were celebrating a birthday.
Ndlovu said he paid for their food and drinks.
The group later returned to the hotel, where Sibiya allegedly entered their room carrying liquor hidden under his jacket.
Defence disputes introduction
The defence has disputed how Sibiya was introduced to the girls.
His legal team said he was not introduced as “General Sibiya” but by the name Sotobe.
The defence said the girls only learned later that he was a police officer after his associate allegedly identified him as such.
Ndlovu maintained that Sibiya was an adult, while the defence insisted he was never introduced to the girls as a police officer.
Charges against Sibiya
Sibiya, 59, was arrested following an investigation by the Commission Recommendations Task Team, which is examining matters arising from the Madlanga Commission.
He has denied the allegations.
The state alleges that Sibiya raped an 18-year-old woman at a Sandton hotel in May 15 after she was allegedly given alcohol and lost consciousness.
Sibiya is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August, including allegedly possessing and sharing sexually explicit images of her.
The state further alleges that he trafficked three people for sexual exploitation.
The prosecution maintains that it has a strong case against Sibiya and is opposing his release on bail.
Sibiya remains in solitary confinement at the C-Max facility at Kgosi Mampuru II.
His legal team has argued that the conditions of his detention lack a justifiable basis.
Ndlovu said the arrangements were necessary for security reasons and that the conditions were appropriate.
The defence said the issue should be dealt with by the Department of Correctional Services.
Meanwhile, Sibiya’s bail hearing is expected to continue on Wednesday.
simon.majadibodu@iol.co.za
IOL News
