Advocacy groups have criticised suspended deputy national police commissioner Lieutenant-General Shadrack Sibiya’s claim that he had consensual sex with an 18-year-old woman he is accused of raping.
The 59-year-old appeared in the Randburg Magistrate’s Court on Tuesday to apply for bail on charges involving sexual offences. During the hearing, Sibiya admitted that he had sex with the woman, who is 41 years younger than him, after a night out drinking.
The state alleges that the woman had passed out by the time the alleged rape occurred. Prosecutors also accuse Sibiya of sexually grooming a 16-year-old girl.
Sibiya disputes the state’s version and maintains that the sexual encounter with the 18-year-old was consensual. His position has drawn strong criticism from gender-based violence advocacy groups, who said that although an 18-year-old is legally an adult, young women of that age can remain vulnerable to pressure and influence.
Sarah Lekale, chairperson of the Free State GBV Forum, said her organisation had observed this vulnerability through its work at a shelter.
“Government needs to change the age of consent because what we see is that 18-year-olds [girls] are the most vulnerable; this is based on what we have observed here at our shelter.
“They are vulnerable because at this age they want to experiment and make the wrong decisions because they are told that they are now adults and they are not,” Lekalake said.
Bridget Ramokone, founder of the Lentswe Laka Foundation, said Sibiya’s statements raised serious questions about power, influence and coercion. She pointed to his position as a senior police officer and the circumstances alleged by the state.
“We are speaking about a senior police officer. Taking teens to strip clubs and hotels and providing them with alcohol and then engaging in sex cannot be brushed off as consensual. The court must fully examine [this case],” she said.
Ramokone said the foundation stood firmly with the victims.
Lesley Ann van Selm, managing director of non-profit organisation Khulisa Social Solutions, said Sibiya’s statement was reprehensible.
“It is inexcusable for a man of [his] maturity and age to apply for bail on that basis; I think it makes mockery of the justice system.”
The allegations have not been tested in court, and Sibiya is presumed innocent unless found guilty.
Sibiya disputes state’s version
Sibiya’s affidavit was read in court by his legal representative, Advocate Estelle Kilian SC. In it, he disputed the state’s account of what happened at a Sandton hotel in May.
“When we arrived in the hotel room, and other ladies left the room, MC [the complainant] and myself were left in the room. We proceeded to have consensual intercourse,” Sibiya said in his affidavit.
He said he remained in contact with the teenager after the encounter and that she had expressed an interest in seeing him again. He said another meeting did not take place.
The state alleges that Sibiya took the 18-year-old and her friends to a Sandton strip club before continuing to provide them with alcohol at a hotel. Prosecutors allege that the woman became heavily intoxicated and was later raped.
Sibiya’s lawyer argued that exceptional circumstances existed to justify his release on bail.
“It will be submitted on my behalf that the cumulative effect of the facts contained in this affidavit constitutes exceptional circumstances,” Sibiya said.
He also criticised the manner in which he was arrested, describing it as a deliberate operation based on allegations he said were false.
“My arrest was a well-orchestrated, diabolical plan aimed at incarcerating me based on false and trumped-up allegations. I was arrested on 21 September 2028 at 17h44 at The Grand Club in Rivonia. My person was searched and all requested personal items found upon me seized, including my licensed 9mm Uzi self-loading carbine and ammunition,” he said.
Sibiya said he was prepared to pay R20,000 bail and had no intention of evading trial or interfering with the investigation. He also argued that remaining in custody would affect him, his family and his ability to prepare for a disciplinary hearing.
The state opposes bail. The application was postponed to Thursday to allow prosecutors to consider the evidence Sibiya presented during the hearing.
Disciplinary hearing also scheduled
The court proceedings took place as Sibiya faced a separate disciplinary process linked to corruption allegations raised at the Madlanga commission.
It emerged on Tuesday that he was due to attend a disciplinary hearing on Monday. Sibiya was accused at the commission of having improper relationships with alleged underworld figures, including businessman Vusimusi “Cat” Matlala.
It was alleged that Matlala gave Sibiya 20 impalas and money. The reason for those alleged gifts has not yet been established.
Police spokesperson Brigadier Athlenda Mathe said Sibiya had been served with notice of the disciplinary hearing while in the holding cells.
“[Sibiya] was served in the holding cells to attend [a] disciplinary hearing on October 5. So, we will be guided by the court, but if he is still in custody, we will then organise with correctional services for the hearing to sit down at Kgosi Mampuru [prison].”
Sibiya’s bail application, the criminal allegations and the disciplinary process will now proceed on separate tracks. The court must first decide whether he should be released while the criminal case continues, while the police service will deal separately with the allegations arising from the Madlanga commission.