Sibiya fights to stay in SAPS while facing rape and trafficking charges

Suspended deputy national police commissioner Shadrack Sibiya is fighting on two legal fronts at once: a criminal case in the Randburg Magistrate’s Court where he faces six charges including rape and human trafficking, and a SAPS disciplinary process over allegations of links to criminal networks.

As the Mail & Guardian reported on 6 October, Sibiya’s disciplinary hearing has been postponed to 12 October by the Labour Court to allow him to consult a legal representative. He is due back in the Randburg Magistrate’s Court on 7 October to continue his bail application.

Sibiya remains in custody at Kgosi Mampuru Correctional Facility in Pretoria after the state raised concerns that he could escape if held at a police station. The six charges he faces include rape, human trafficking, sexual grooming of a 16-year-old girl and negligent handling of a firearm.

During bail proceedings, Sibiya’s lawyer, advocate Estelle Killian, told the court the defence was preparing an application to postpone the disciplinary process because Sibiya was not in a position to proceed with it while dealing with the criminal case.

The disciplinary process has not been halted. SAPS spokesperson Brigadier Athlenda Mathe confirmed the process is continuing. The SAPS had initially planned to hold the hearing at Kgosi Mampuru if Sibiya remained in custody.

“If he is still in custody, we will then organise with correctional services to allow that particular hearing to sit down in Kgosi Mampuru,” Mathe said.

It is understood that Limpopo provincial commissioner Jan Scheepers will preside over the disciplinary process. Sibiya faces three separate disciplinary notices relating to different sets of allegations. One of the hearings is scheduled to run from 2 to 6 November and again from 10 to 20 November.

“The disciplinary hearing and the labour court proceedings are separate matters and have been running in parallel,” Mathe said.

Sibiya had been due to face the disciplinary process on 5 October but approached the Labour Court urgently for a postponement while he pursues bail in the criminal case. The court adjourned the urgent application to allow the SAPS to file opposing papers and Sibiya to file a responding affidavit.

Mathe said the SAPS could not comment on the merits of the Labour Court proceedings because the matter was sub judice.

“The Labour Court [matter] remains sub judice, and the SAPS will therefore refrain from commenting on the merits of the matter,” she said.

The criminal case comes as Sibiya faces allegations before the Madlanga Commission, which is investigating corruption, criminality and political interference in the police. Sibiya has been accused of ordering the removal of 121 case dockets from the Political Killings Task Team after alleged criminal kingpin Vusimuzi “Cat” Matlala was arrested.

He has conceded that he met Matlala while acting as national police commissioner after Matlala sought assistance over his R360-million Medicare24 contract, which has been the subject of allegations of irregularity. Further allegations before the commission are that Sibiya received regular payments from Mpumalanga taxi boss Jotham “King Mswazi” Msibi.

Sibiya has denied wrongdoing. He has accused the Commission’s Recommendations Task Team of abusing its powers and targeting him as part of internal battles in the police.

The two cases put Sibiya’s future in SAPS and his freedom at stake. The disciplinary process examines allegations linked to criminal networks while the criminal case determines whether he will remain behind bars as the prosecution proceeds.

Source: Mail & Guardian, Sibiya’s two-front war to remain in the SAPS and out of jail