Sibiya Defence Claims Complainant’s Father Was Pressured To Pursue Sexual Offences Case
The suspended top cop is seeking bail on rape and sexual grooming charges, while his defence disputes the circumstances in which the case was brought.
The defence team for suspended top police officer Shadrack Sibiya has alleged that the sexual offences case against him was pursued after the father of the 16-year-old complainant was pressured by two individuals to provide information about Sibiya.
The allegation is contained in an affidavit by Sibiya's wife, Sizakele Dlamini, submitted as part of his bail application. Sibiya was arrested last month and is facing charges of rape and sexual grooming.
The State is opposing bail, arguing that Sibiya could interfere with witnesses if released.
The allegations made by the defence have not been established in court.
Defence Raises Questions Over Complainant’s Father
In her affidavit, Dlamini alleged that the father of the complainant, referred to as Mr M, had indicated that he wanted to withdraw the charges and meet members of the Sibiya family.
Dlamini further alleged that Mr M had threatened to disclose information about alleged dealings involving Sibiya and Matlala. She claimed that he had been recording Sibiya and had retained photographs, location reports and other material.
According to Dlamini, Mr M said he had “a substantial amount of information, documentation” that could be provided to investigators or legal authorities.
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Sibiya's lawyer, Amanda Nel, also alleged that Mr M had approached Apostle Victor Monamodi in connection with an alleged R300,000 payment to withdraw the charges.
“On the contrary, my understanding from what was conveyed to me is that MR M approached the apostle, who sought to use him as an intermediary in order to communicate with and to engage members of the family concerning his alleged claim of approximately R300,000,” said Nel.
The allegation concerning the R300,000 has not been independently established in the material supplied.
Defence Alleges Pressure On Mr M
During proceedings, Lindiwe Makhubo read portions of Dlamini's affidavit into the record.
According to the defence's account, Mr M wanted to withdraw the charges but was allegedly being pressured to continue with the matter.
“Mr M was being placed under pressure by Khumalo and Mkhwanazi who had also requested that he, in inverted commas, ‘bring more information concerning the application,’” Nel said.
The defence has therefore placed the circumstances surrounding the complainant's father's involvement at the centre of its argument for Sibiya's release on bail.
The State, however, opposes bail and maintains that Sibiya poses a potential risk of interfering with witnesses.
Bail Judgment Expected On 13 October
Sibiya remains in custody while the court considers the bail application.
The matter has been postponed until 13 October, when judgment is expected.
The allegations made by Sibiya's wife and legal team form part of the defence case and should not be treated as findings by the court. The charges against Sibiya also remain allegations unless and until they are determined through the criminal proceedings.
