The abandoned rape case against a University of Cape Town (UCT) academic, already mired in allegations of institutional obstruction involving an offer to drop charges in exchange for a degree, has taken a new turn.
The complainant has dragged suspended deputy national police commisioner and corruption-accused Lt-Gen Shadrack Sibiya into the alleged sabotage of her docket. She has also accused former minister of police Bheki Cele of being
complicit in the alleged sabotaging of the case.
This is despite police insiders limiting Sibiya’s involvement to the escalation of the case to the office of National Police Commissioner Gen Fannie Masemola, who then delegated the matter to Sibiya in his
capacity as head of detectives.
Sunday World understands that upon receipt of the docket, Sibiya assigned one of his senior investigators to re-examine the case. According to police sources, after a thorough investigation, which included interviewing six newly identified witnesses, the team could not find substantive evidence to support the complainant’s version of events.
This new information stands in stark contrast to the allegations made in a formal letter of demand from the complainant on Sunday August 17, to, among others, Western Cape police boss Lt-Gen Thembisile Patekile, to confirm the existence of, among others the records of the cellphone towers confirming the location and the date of her and the perpetrator during the alleged rape incident.
In the letter seen by Sunday World, the woman claims the case file was placed under the control of Sibiya after it was controversially reopened, and accuses him and others of “corruptive behaviour” and “obstructing justice”.
The case, which was opened at the Woodstock Police Station in February 2022, has been a focal point of scrutiny for higher education minister Buti Manamela over how UCT handled it. Manamela said last week his office would demand a report from UCT on how the investigation was concluded.
The core of the complainant’s new allegations centres around a recorded meeting she attended with Sibiya, which was also witnessed by her legal representatives and the directors of rape survivor organisations.
The woman’s account indicates that Sibiya made a crucial concession during the meeting. In that meeting, she alleged, Sibiya conceded that a Captain Reyneveld, who was apparently investigating the case, had a conflict of interest in this matter, yet he was reassigned to the reopened docket.
The complainant claims that Sibiya’s alleged admission was presented as evidence of a deeply flawed process. Despite the admitted conflict of interest and the unanswered questions from Cele, the investigation remained obstructed she stated.
Moving beyond individual failures, the complainant makes the graver claim of a coordinated effort to derail the case. Her letter states she has obtained hard evidence of misconduct that she is prepared to present in court. “I must further place on record that I have confirmed objective evidence of police tampering and collusion with the University of Cape Town in obstructing this rape docket.”
She directly links this pattern of behaviour to the recent bombshell testimony of Lt-Gen Nhlanhla Mkhwanazi, who publicly detailed high-level corruption within the SAPS.
“The recent allegations by the brave whistleblower, Lt-Gen Mkhwanazi, have highlighted the corruption of yourself and your counterparts in relation to this docket,” the letter states.
The formal demand in the letter returns to a persistent point of contention – the cellphone tower data for the suspect on the night of the alleged rape. “It is, therefore, my sincere hope the harm and obstruction caused by your now suspended colleague can be reversed through the proper and timely disclosure of the information originally requested by the then minister of police, Bheki Cele.”
Frustrated by years of alleged obstruction, the complainant has issued a seven-day ultimatum for the disclosure of the requested information. Failure to comply, she warns, will trigger immediate legal action.
“This proceeding will place on record all your corruptive behaviour as the SAPS, inclusive of the same behaviour on previous rape victims in the same institution, all of which has already been placed on record via affidavits with evidence attached,” the letter states.
In February last year, former public protector Adv Busisiwe Mkhwebane, filed in parliament a question for written reply to Masemola on the handling of the UCT rape case, specifically referring to “new evidence”.
In reply, Masemola said the case was withdrawn in 2023, but had been reopened and was under review by the NPA. He said six new witnesses were identified. “Relevancy of the new evidence will be established following the witness interviews and the consideration of statements.”
In January 2023, correspondence from the Western Cape police confirmed that “there are substantial grounds for contravention of SAPS disciplinary codes by officers involved in the UCT case,” and disciplinary steps would be taken; however, the complainant had yet to receive any feedback.
Sibiya and police spokesperson Brig Athlenda Mathe had not responded to questions at the time of going to print.
