JOHANNESBURG - Shadrack Sibiya’s resignation from the South African Police Service (SAPS) does not mean he is off the hook, according to the Institute for Security Studies’ Willem Els.
Els says Sibiya’s departure means he will no longer face the internal disciplinary proceedings instituted against him by the police.
However, this does not prevent criminal investigations or prosecution if evidence shows he broke the law while serving as deputy national police commissioner.
“That’s different from the procedural charges that he has in the police itself,” Els says.
Sibiya faces criminal charges, including rape, human trafficking and sexual grooming of a child.
He has appeared in the Randburg Magistrate’s Court, where he has denied the allegations.
He maintains that the alleged sexual intercourse with his 18-year-old accuser was consensual.
He is also pursuing bail, undertaking not to intimidate witnesses.
However, evidence presented in court has raised concerns about alleged contact between Sibiya, his associates and potential witnesses, including the father of a 16-year-old girl whom Sibiya is accused of grooming.
Els says Sibiya could also face further consequences depending on the outcome of the Madlanga Commission’s recommendations.
READ: SAPS deems Sibiya’s resignation as a 'dishonourable discharge'
SAPS classified his departure as a dishonourable discharge, with potential reputational and financial implications.
According to Els, Sibiya loses his rank and can no longer be referred to by his former designation of lieutenant-general.
Els also says the classification could affect Sibiya’s pension benefits, with his pension calculated differently and paid under different conditions.