Sibiya bail hearing: complainants feared his rank, says state - TimesLIVE

The Randburg Magistrate’s Court has heard allegations that some of the complainants in the case against suspended deputy national police commissioner Lt-Gen Shadrack Sibiya were afraid to report what allegedly happened to them because of his senior position in the police.

Details of an alleged May 16 incident involving a group of young women were presented in an affidavit by an investigating officer during Sibiya’s bail proceedings.

The state alleges the women had initially planned an outing among themselves and had asked a man identified in court as Mr M, who worked as Sibiya’s bodyguard, to assist them with transport and accommodation.

According to the affidavit, Mr M collected four women from the Gautrain station on May 15 and drove them to the Garden Court Hotel, where he used his rewards points to obtain a discount on their accommodation before leaving.

The next day, Mr M was allegedly speaking to the women on the phone about taking them somewhere where they could take pictures when Sibiya became involved in the plans.

The investigating officer alleged Sibiya suggested taking the group to The Grand, described in court as a strip club.

Mr M and Sibiya allegedly collected the women from the hotel, but when they reached the vehicle, Sibiya allegedly instructed them to return to their room and change their clothes because the venue they were going to was “classy”.

“This clearly showed dominance of the applicant over Mr M, who had arranged with the girls,” the investigating officer said.

According to the affidavit, the women did not initially know Sibiya’s identity and became uncomfortable during the trip. They allegedly tried to search online for a name they heard Mr M use when referring to Sibiya but could not find information about him.

When they arrived at The Grand, the state alleges Sibiya appeared to be known by people at the establishment and told the women to say they were celebrating one of their birthdays.

The investigating officer said Sibiya told them they could eat what they wanted and allegedly supplied them with alcoholic beverages, paying for everything.

“It was at that stage that the girls learnt that this was a strip club, and that made them even more uncomfortable,” the affidavit states.

The group later returned to the hotel, where the women allegedly asked Mr M who Sibiya was. The court heard Mr M then explained Sibiya’s position in the South African Police Service (SAPS).

According to the affidavit, Sibiya later entered their hotel room carrying alcohol concealed under his jacket and allegedly encouraged the group to participate in a drinking game.

At one stage, Sibiya allegedly issued a dare involving one of the women, but Mr M objected and “kept on reminding him that these were young children”, the investigating officer said.

The state alleges Sibiya continued supplying the group with alcohol.

According to the affidavit, two of the women subsequently passed out while another became dizzy and began vomiting.

The court heard that members of the group attempted to take the ill woman to the hotel reception before asking Mr M to assist them. They allegedly remained in the reception area for about 30 minutes.

During that period, the state alleges Sibiya remained alone in the hotel room with another woman identified as MC, who had passed out on the bed. The investigating officer said Sibiya later emerged from the room and made comments about MC, including an alleged remark indicating that she was a virgin.

One of the women allegedly confirmed MC had previously told them she intended to remain a virgin until marriage.

The affidavit alleges that after the women later discussed what had happened, Mr M and others encouraged MC to open a criminal case.

However, the investigating officer said she initially refused. “MC was advised to open a case but she refused as she was too afraid of the stature of the applicant in the SAPS and also afraid of her parents,” the affidavit states.

The allegations form part of the state’s opposition to Sibiya’s application for bail and have not yet been tested at trial. The investigating officer also raised concern about alleged interference with the investigation and intimidation of state witnesses.

According to her affidavit, on September 18, while the complainant’s inquiry was being converted into a criminal case docket, Mr M received a phone call that caused him concern. The investigating officer told the court she recorded the conversation because of what she described as threats allegedly made during the call.

The state sought to play an audio clip of the conversation in court but technical difficulties prevented it from being played at that stage.

Sibiya’s legal team objected, questioning the legality and admissibility of the recording and arguing that the state first needed to establish a proper legal basis for introducing it as evidence.

The investigating officer also addressed a firearm recovered after Sibiya’s arrest. She said Sibiya told police his firearm was locked inside his vehicle, and officers subsequently found it there.

According to the affidavit, a separate case was opened regarding the alleged failure to properly safeguard the firearm in terms of the Firearms Control Act. The court also heard that Sibiya had been served a notice relating to an expedited SAPS disciplinary process scheduled to begin on October 5.

Sibiya faces charges including rape, trafficking in persons and sexual grooming offences.

The bail proceedings are continuing.