Shadrack Sibiya cleared of claims he procured spying equipment for City of Joburg

Shadrack Sibiya, the former head of the city of Joburg’s anti-corruption unit, has been cleared of wrongdoing in connection with the procurement of “intelligence-gathering equipment”.

In a report seen by TimesLIVE Premium, which was sent to City of Johannesburg mayor Mpho Phalatse, State Security Agency (SSA) director-general Thembisile Majola said an analysis had been conducted to determine if the equipment bought by the Group Forensic Investigative Services (GFIS) was defensive or offensive.

In the SSA’s report, dated July 22, Majola said: “The instruments in question are Technical Surveillance Counter Measures (TSCM) equipment. TSCM equipment is used for identification of eavesdropping devices and cannot be repurposed to perform any other offensive or collection functions. It is not intelligence-gathering equipment as alleged.”

Phalatse asked the SSA to investigate the matter after Sibiya’s now suspended boss, then acting city manager Floyd Brink, informed him of his investigative powers being revoked. Brink based his decision on recommendations contained in a legal report, which found prima facie evidence of alleged unlawful and improper conduct against Sibiya.

The report accused Sibiya of failing to secure formal authorisation from the SSA for the procurement and deployment of intelligence-gathering equipment within the jurisdiction of the city.

But Majola found in Sibiya’s favour, adding other equipment in his office also showed no signs of wrongdoing.

“The other equipment of interest that was found in the CoJ’s war room during the inspection is digital forensic equipment (DFE). Digital forensics is the science of acquiring, preserving, retrieving and presenting data that has been processed electronically and stored on computer media and is governed [by the] Electronic Communications and Transactions Act 25 and does not fall within the domain of intelligence services laws.

“It is normally used during criminal investigations. In light of the above, the SSA would like to conclude there was no contravention of its governing legislation as alleged in the letter,” said Majola. 

In response to the SSA’s findings, Phalatse said the procurement and use of the equipment was in line with the GFIS’ mandate to prevent, detect and investigate crimes committed against the city.

Sibiya has since left his role as head of GFIS and rejoined the SA Police Service as head of component for organised crime investigations at national level. 

He expressed relief at being cleared.

“It is important to note that the City of Joburg is a megacity, and compared with other megacities like New York City, Washington DC and many others, their forensic investigative capacities must be solid and well equipped,” said Sibiya.