Legal practitioner Zola Majavu says suspended Deputy National Commissioner Lieutenant-General Shadrack Sibiya faces an uphill battle to secure bail.
Sibiya made a brief appearance in the Randburg Magistrate’s Court facing charges of rape, human trafficking and sexually grooming of 16 year old girl.
He will appear in court on 29 Sepptember for bail hearing.
Majavu says, “One of the fundamentals at the core of any potential bail application is to make sure that a delicate balance is struck between the rights of an accused person who, constitutionally, is presumed innocent until a court pronounces he’s guilty or otherwise, and the rights of the affected victims.”
The state alleges that the incident occurred in May this year. He is also accused of sexually grooming a 16-year-old girl between July and August.
“And obviously, if there is a hint that victims or those who may be witnesses against an applicant for bail can be substantiated, the courts are going to place high premium on those allegations because the interest of justice would be undermined by interference with the state witnesses or threatening state witnesses in a manner that would make them less keen to come forward,” Majavu explains.
Majavu says people have been killed in the past.
“Whistleblowers, we all know, it’s a matter of public record, have been killed in the past. And for the rule of law to operate, for people to believe in the judicial value chain, people must feel free to participate in a judicial process, which may either bring about a conviction or an acquittal of a person.”
Kgosi Mampuru Prison
Sibiya was transferred to Kgosi Mampuru Prison due to interference with witnesses.
During the state prosecutor’s testimony in court, it was stated that there is a cabal working with the accused, and that it was very difficult to arrest the suspect, considering the threats made to witnesses and victims.
Lt-Gen Sibiya appears in court for sexual offences: Heidi Giokos shares more
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