The National Prosecuting Authority (NPA) has confirmed that investigations into the case involving former deputy national police commissioner Shadrack Sibiya are at an advanced stage, with investigators also examining the role of the father of a 16-year-old girl at the centre of the case.
NPA national spokesperson Kaizer Kganyago said the investigation would look into whether Mr M, the teenager’s father and an associate of Sibiya, was in possession of inappropriate images of his daughter.
Investigators will also examine a conversation between controversial socialite Serge Cabonge and Mr M, during which allegations were made in an audio clip previously played in court.
Kganyago was speaking to the media outside the Rand Magistrate’s Court on Tuesday, following the court’s decision to deny Sibiya bail.
Sibiya denied bail
Sibiya faces five charges, including rape, trafficking in persons, promoting the sexual grooming of a child and two counts of sexual grooming of a child.
The state alleges that he raped an 18-year-old woman at a Sandton hotel on May 15 after she was allegedly given alcohol and lost consciousness.
He is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August, as well as possessing and sharing inappropriate images of the teenager.
The state further alleges that Sibiya trafficked three people for sexual exploitation.
Sibiya, who denied the charges and has described them as “trumped up”, was arrested on September 21, by members of the Madlanga Commission’s Recommendations Task Team (CRTT).
He appeared in court the following day.
Welcoming the bail decision, Kganyago said the NPA was satisfied with the outcome.
“All we can say is that justice has been served,” he said.
“Our job as prosecutors is to put all the facts before the magistrate. We have succeeded in doing so, and the court has decided to deny him bail.”
State prepared for possible appeal
Sibiya’s legal team is reportedly considering an appeal against the bail ruling.
Kganyago said the NPA was prepared to respond should the defence pursue the matter.
“We will always be ready to deal with whatever it is. Justice has to be served in its totality,” he said.
“If they feel they need to appeal this matter, they can do so, and we will then respond.”
He added that the NPA was confident that the evidence presented in court supported the decision to deny bail.
Magistrate Hleziphi Mkhasibe said Sibiya had failed to demonstrate exceptional circumstances warranting his release.
In her ruling, she raised concerns about the potential intimidation of witnesses and the possible destruction of evidence.
Mkhasibe also said the allegations against Sibiya appeared to contradict the principles and ethical standards he had sworn to uphold as a police officer.
“The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant’s release on bail,” she said.
“As a result, bail is refused and the applicant is to remain in custody.”
Sibiya submitted his resignation from the South African Police Service (SAPS) through his legal representative shortly after disciplinary proceedings against him began on October 12.
Investigators examining role of teenager’s father
Kganyago confirmed that investigators would examine the role played by Mr M in the case, following concerns raised during the bail proceedings.
The court previously heard allegations that Mr M had provided his daughter’s images to Sibiya.
The teenager said she did not know how Sibiya had obtained them.
Sibiya’s legal team, led by senior counsel Estelle Killian, raised concerns about Mr M’s involvement in the matter.
Kganyago said the magistrate had repeatedly indicated that certain issues required further investigation.
“As you might have heard, on more than two or three occasions the magistrate was clear to say there are issues that need to be investigated further, and that will be one of the things that will be investigated,” he said.
The NPA will also investigate allegations arising from the recorded conversation between Cabonge and Mr M.
In the recording, Cabonge allegedly claimed to have used his police connections to help secure the withdrawal of criminal charges against the daughter of a man linked to the Madlanga Commission.
The commission has denied the allegation, saying none of its commissioners had met Cabonge.
He also made claims about Sibiya’s associations with other women.
Kganyago said the conversation and other outstanding issues formed part of the ongoing investigation.
Witness protection measures considered
The NPA confirmed that the 16-year-old girl was receiving protection through its women’s protection services.
Kganyago said the state was also considering placing the 18-year-old complainant under witness protection, depending on an assessment of her safety.
He said the decision would be based on the circumstances and the need to prevent interference with the criminal proceedings.
Detective Nokukhanya Ndlovu of the CRTT previously testified during cross-examination that both girls had sent messages expressing fears for their lives and, at times, indicating that they might harm themselves.
Kganyago said investigators were completing the remaining work before the matter could proceed to trial.
“We are tying up the last things that the investigating officers need to do, and then we will be ready to go for trial,” he said, adding that the NPA hoped the process would proceed without unnecessary delays.
Case postponed for further investigation
Sibiya is expected to return to court on November 24.
The matter was postponed to allow investigators to complete their work.
He will remain in custody after the court found that his release could jeopardise the criminal proceedings.
simon.majadibodu@iol.co.za
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