Sibiya’s lawyer challenges his solitary confinement in prison

The defence team of suspended deputy national police commissioner Lt-Gen Shadrack Sibiya has raised concern about his detention in solitary confinement at Pretoria C-Max prison, telling the Randburg magistrate’s court that the conditions were making it difficult for his legal team to consult him.

Sibiya is in custody while his bail application hearing is set to continue next Wednesday.

He faces six charges, including rape, human trafficking and sexual grooming of a minor. He has denied the allegations.

During court proceedings on Friday, his lawyers said the defence had experienced serious difficulties in getting access to Sibiya for consultations.

The defence argued that Sibiya should not be held in solitary confinement while awaiting the outcome of his bail application.

Sibiya should be detained in normal circumstances where his legal team can have access to him and consult him.

The magistrate asked whether the defence could make arrangements with the prison and Sibiya’s surgeon to ensure that the legal team had access to him. His lawyers said access was not the only concern.

They argued that keeping someone in solitary confinement was a punishment normally associated with prisoners who had broken prison rules.

“There’s no reason why the accused should be kept in those circumstances,” Sibiya’s advocate Estelle Kilian SC said.

The magistrate questioned whether Sibiya was being kept separately for his own safety because of his position.

Kilian responded that they had made enquiries and understood that there were single cells in the general prison.

“He doesn’t need to be separated from other people in his penal circumstances,” she said.

The state, however, said there were security and safety reasons for Sibiya’s detention conditions.

The prosecutor told the court that arrangements had been made with the head of the prison because of Sibiya’s position and for security reasons.

The state maintained that the conditions were appropriate.

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