‘We acted out of caution,’ says Sibiya’s lawyer on letter to NDPP

Suspended deputy national police commissioner Lt-Gen Shadrack Sibiya’s lawyer says they “acted out of caution” when they wrote to the National Director of Public Prosecutions (NDPP) amid speculation that Sibiya could face criminal charges.

Sibiya’s attorney, Rashad Moosa, made the remarks during cross-examination at Sibiya’s bail application in the Randburg magistrate’s court on Thursday.

Well, it’s quite clear — Mr Sibiya is entitled to his freedom. —  Sibiya’s attorney, Rashad Moosa,

Moosa told the court that the correspondence with the NDPP was initially an inquiry aimed at establishing whether there were criminal investigations involving Sibiya and protecting his rights.

He said the letter was “an inquiry, firstly”, but the legal team also wanted to enforce and preserve Sibiya’s rights and avoid circumstances that could adversely affect him.

Prosecutor Velile Makasana questioned which specific rights the legal team believed needed protection at the time, particularly as Moosa had testified that there had been speculation on social media.

“At that stage you say that there was speculation on social media about things, and yet you’re talking about approaching the NDPP, you’re talking about enforcing the rights. He’s an ordinary citizen at that stage. I’m interested to know which rights you were specifically referring to that you wanted to enforce at that particular point in time,” said Makasana.

Moosa responded, “Well, it’s quite clear — Mr Sibiya is entitled to his freedom.”

Makasana then put it to Moosa that the correspondence appeared to have been precautionary rather than prompted by a specific right being under threat.

“So you acted out of caution. Okay, so we can put it aside and say we can agree that there was no right at stake at that point in time, but we’re just being cautious because of the speculation that was taking place in social media,” Makasana said.

Moosa maintained that Sibiya’s rights remained relevant, saying, “Rights are entrenched, and rights can be taken away.”

The court proceedings come as Sibiya faces further legal and disciplinary challenges. An additional charge of negligent handling of a firearm was added to his charges on Thursday.

Two additional South African Police Service (SAPS) disciplinary notices have also been served on him while he remains in custody.

At that stage you say that there was speculation on social media about things, and yet you’re talking about approaching the NDPP, you’re talking about enforcing the rights. He’s an ordinary citizen at that stage. I’m interested to know which rights you were specifically referring to that you wanted to enforce at that particular point in time.—  Prosecutor Velile Makasana

Moosa told the court that Sibiya had been served with an expedited SAPS disciplinary notice during his previous court appearance. His legal team said its original mandate related to the disciplinary proceedings, but there had subsequently been an overlap with the criminal matter.

Sibiya remains detained at Kgosi Mampuru II Correctional Centre while his bail application continues.

Proceedings were temporarily adjourned on Thursday after the court experienced a technical problem with its recording equipment.