The detention conditions of suspended deputy national police commissioner Gen Shadrack Sibiya came under scrutiny in the Randburg Magistrates’ Court on Friday, with his legal team telling the court that his confinement at C-Max is creating difficulties for consultations ahead of his bail application.
Sibiya’s lawyers asked for him to be moved from C-Max, arguing that his detention was making it difficult for him to consult with his legal representatives.
The defence suggested that he be transferred to another facility or, alternatively, accommodated in a different or single cell. The court ruled that Sibiya would remain at C-Max but directed that the necessary arrangements be made to facilitate consultations with his legal team when required.
The defence told the court that Sibiya’s detention was presenting practical difficulties as his legal team prepares for the continuation of his bail application.
His lawyers said meaningful access to their client was necessary as the state continued to present evidence and introduce new material.
The court also heard that Sibiya had raised concerns about being confined in his cell. His legal team said he wanted the keys to his cell so that he could take a walk, with the defence referring to his claustrophobia.
The request was not granted. Instead, the court ordered that arrangements be made to ensure that Sibiya could consult with his lawyers when necessary while remaining at C-Max. The issue comes as Sibiya remains in custody while fighting the State’s opposition to his release on bail.
Also Read: Sibiya’s attorneys challenge trafficking and rape evidence in bail hearing
Bail application postponed to Wednesday
The bail application was postponed to Wednesday after the court dealt with several other matters. The State introduced new recordings during Friday’s proceedings as part of its case concerning possible witness interference should Sibiya be released.
Sibiya’s legal team indicated that it would park the issue for now, arguing that the recordings constituted new evidence. The court ordered that proper translations of the recordings be prepared, with the translated versions expected to be available next week.
His legal team also indicated that they intend to bring an urgent application seeking the postponement of the disciplinary proceedings against him, saying Sibiya is not ready to proceed with the process.
The State is opposing bail and has raised concerns about possible witness interference, among other issues. One recording played in court involved Bishop Maumela contacting Mr M and asking to speak to the person who had opened a case against Sibiya.
Another recording was later played during proceedings
The court heard Mr M saying: “Don’t call me and speak about money on my phone.” The full context of the second recording was not ventilated before the matter was adjourned.
The court ordered that the recordings be properly translated before they are dealt with further. The State’s position is that the recordings are relevant to its concerns about what could happen if Sibiya is released. The defence disputes the State’s concerns and maintains that Sibiya can be released subject to appropriate bail conditions.
In his bail affidavit, Sibiya says he is not a flight risk and has strong family and occupational ties to South Africa. He has also indicated that he is willing to surrender his passport, report to a police station and comply with other conditions imposed by the court.
Sibiya remains in custody at Kgosi Mampuru C-Max prsion. He faces five charges, including rape, trafficking in persons, promoting sexual grooming of a child and two counts relating to sexual grooming.
Also Read: Shadrack Sibiya bail hearing: Court hears details of alleged sexual grooming of 16-year-old
- Suspended deputy national police commissioner Gen Shadrack Sibiya is detained at Kgosi Mampuru C-Max prison and his legal team argues his confinement hampers legal consultations ahead of his bail application.
- The court ruled Sibiya will remain at C-Max but ordered arrangements to facilitate consultations with his lawyers as required, denying his request for cell key access due to claustrophobia.
- The bail application was postponed to Wednesday after the State introduced new recordings related to potential witness interference as part of its opposition to his release.
- The court ordered proper translations of the new recordings, which involve communications referencing the case against Sibiya, before further consideration.
- Sibiya faces five charges including rape, trafficking in persons, promoting sexual grooming of a child, and two counts relating to sexual grooming, and he denies being a flight risk in his bail affidavit.
The detention conditions of suspended deputy national police commissioner Gen Shadrack Sibiya came under scrutiny in the Randburg Magistrates’ Court on Friday, with his legal team telling the court that his confinement at C-Max is creating difficulties for consultations ahead of his bail application.
Sibiya’s lawyers asked for him to be moved from C-Max, arguing that his detention was making it difficult for him to consult with his legal representatives.
The defence suggested that he be transferred to another facility or, alternatively, accommodated in a different or single cell. The court ruled that Sibiya would remain at C-Max but directed that the necessary arrangements be made to facilitate consultations with his legal team when required.
The defence told the court that Sibiya’s detention was presenting practical difficulties as his legal team prepares for the continuation of his bail application.
His lawyers said meaningful access to their client was necessary as the state continued to present evidence and introduce new material.
The court also heard that Sibiya had raised concerns about being confined in his cell. His legal team said he wanted the keys to his cell so that he could take a walk, with the defence referring to his claustrophobia.
The request was not granted. Instead, the court ordered that arrangements be made to ensure that Sibiya could consult with his lawyers when necessary while remaining at C-Max. The issue comes as Sibiya remains in custody while fighting the State’s opposition to his release on bail.
Also Read: Sibiya's attorneys challenge trafficking and rape evidence in bail hearing
The bail application was postponed to Wednesday after the court dealt with several other matters. The State introduced new recordings during Friday’s proceedings as part of its case concerning possible witness interference should Sibiya be released.
Sibiya’s legal team indicated that it would park the issue for now, arguing that the recordings constituted new evidence. The court ordered that proper translations of the recordings be prepared, with the translated versions expected to be available next week.
His legal team also indicated that they intend to bring an urgent application seeking the postponement of the disciplinary proceedings against him, saying Sibiya is not ready to proceed with the process.
The State is opposing bail and has raised concerns about possible witness interference, among other issues. One recording played in court involved Bishop Maumela contacting Mr M and asking to speak to the person who had opened a case against Sibiya.
The court heard Mr M saying: “Don’t call me and speak about money on my phone.” The full context of the second recording was not ventilated before the matter was adjourned.
The court ordered that the recordings be properly translated before they are dealt with further. The State’s position is that the recordings are relevant to its concerns about what could happen if Sibiya is released. The defence disputes the State’s concerns and maintains that Sibiya can be released subject to appropriate bail conditions.
In his bail affidavit, Sibiya says he is not a flight risk and has strong family and occupational ties to South Africa. He has also indicated that he is willing to surrender his passport, report to a police station and comply with other conditions imposed by the court.
Sibiya remains in custody at Kgosi Mampuru C-Max prsion. He faces five charges, including rape, trafficking in persons, promoting sexual grooming of a child and two counts relating to sexual grooming.
Also Read: Shadrack Sibiya bail hearing: Court hears details of alleged sexual grooming of 16-year-old
