Randburg Magistrate’s Court postpones Shadrack Sibiya bail hearing over audio translations
The bail application of suspended Deputy National Police Commissioner Shadrack Sibiya has been delayed after a magistrate requested full transcripts of state audio evidence.
The bail hearing of suspended Deputy National Police Commissioner Shadrack Sibiya has been postponed by the Randburg Magistrate’s Court to October 7, after the magistrate requested a proper translation of two audio recordings played in court on October 2.
The court will resume on October 7, because the magistrate is unavailable on October 5, and October 6. Sibiya remains in custody, facing charges of rape, human trafficking, the sexual grooming of a minor, and contravening the Firearms Control Act. He denies the charges.
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The state opposes bail and has relied on the recordings to argue that Sibiya could interfere with witnesses. They were played during the cross-examination of investigating officer Detective Sergeant Nokukhanya Ndlovu, whose exchanges with Sibiya’s defence team were at times heated.
In the first recording, Sibiya can be heard speaking to a state witness. The state says Sibiya reminds the man of the financial support he gave him, including a bank card to buy groceries, and says he treated him like a younger brother. Sibiya is then heard saying he could deal with the man easily if he wanted to. The state says this sounds like a threat to a witness.
In the second recording, which the state says is of a different conversation, a person urges the same witness to drop the case in exchange for money. According to the state, the witness refuses.
The recordings proved hard to follow, and the second was unclear. The magistrate said she was lost, even though a translator was in court. The state agreed, and the defence said it did not understand the language being spoken. The court has ordered a proper translation and transcript, which is expected next week. The defence has said it will respond to the recordings later, describing them as new evidence.
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Sibiya’s lawyers have also raised concerns about his conditions of detention. They say he is held in solitary confinement, which makes it hard for them to consult him, and they argue there is no legal basis for it. They want him moved to the general prison population and say any further complaint should go to the department of correctional services.
The investigating officer said Sibiya is held alone for his own safety because he is high profile. Earlier in her evidence, Ndlovu said Sibiya had asked for the keys to his cell because of claustrophobia. Sibiya’s version is that he only asked the officer on duty to let him out of the cell to stretch his legs and get some fresh air.
Sibiya also faces an internal police disciplinary hearing on Monday, linked to allegations arising from the Madlanga Commission. His lawyers will ask for it to be delayed, saying they have not had enough time to consult him. They say that if the request is refused, they will ask the court to delay his appearance on Wednesday, as the hearing could take a long time.
National police spokesperson Brigadier Athlenda Mathe has said that if Sibiya is still in custody, SAPS will arrange with correctional services for the hearing to sit at the Kgosi Mampuru II prison.
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