By Johnathan Paoli
A recording in which businessman Serge Cabonge discusses alleged payments to former deputy national police commissioner Shadrack Sibiya and fears for his life was played in the Randburg Magistrate’s Court on Tuesday.
The 25-minute recording was played during Sibiya’s bail application as the state sought to show why the former general should remain in custody amid allegations that he threatened a man whose teenage daughter accused him of sexual grooming.
The conversation was between Cabonge and the father of the 16-year-old girl, identified in court only as Mr M to protect his daughter’s identity.
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“People think I collect money for Sibiya. I don’t collect any fucking cents for Sibiya,” Cabonge is heard saying.
The recording also contains allegations involving businessmen linked to separate corruption investigations, including Hangwani Morgan Maumela, who has been implicated in the Tembisa Hospital procurement scandal.
Allegations of payments to Sibiya
Cabonge, an Angolan-born businessman and socialite who has publicly described himself as an international “blesser”, told Mr M that he had acted as a middleman in financial dealings involving Sibiya and a businessman he referred to as “Morgan”.
“Yeah, Morgan gave the money to him. He took all the money alone. He never gives me nothing,” Cabonge said.
“Every time I collect something for him (Sibiya) and I give him, he doesn’t give me anything,” he said.
He also alleged that suspended police sergeant Fannie Nkosi had been involved in dealings with Sibiya.
Nkosi, who was arrested in April, has previously been linked through evidence before the Madlanga Commission to alleged dealings involving Sibiya and businessman Vusimusi “Cat” Matlala.
Maumela, meanwhile, has been implicated by the Special Investigating Unit (SIU) in alleged corruption involving tenders at Tembisa Hospital.
The SIU identified transactions worth about R816.6 million linked to an alleged procurement syndicate associated with Maumela. In July, the Johannesburg High Court granted the National Prosecuting Authority’s Asset Forfeiture Unit a final order to confiscate assets worth about R326 million linked to Maumela and the Tembisa Hospital corruption syndicate.
Maumela has also featured in the Madlanga Commission’s investigation into alleged corruption and criminal networks, including his business dealings with Matlala, who faces separate corruption and attempted murder charges.
Cabonge claims he was threatened
Cabonge also claimed that he became frightened after being intimidated by Sibiya.
“Now, at a later stage, he started intimidating me. I’m going to make your life troubles small for you. Actually, here I even think, I said, these people, maybe they want to take my life,” he said.
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Mr M told Cabonge during the conversation that what he was hearing made him uncomfortable.
Cabonge said he had protection from his security company but continued describing his concerns about people he believed posed a threat to him.
The conversation also covered alleged payments, requests to borrow R200,000 and accusations that Cabonge had acted as a middleman.
Police investigating officer Sergeant Nokukhanya Ndlovu confirmed in court that Cabonge and Mr M were the two people speaking in the recording.
She said Mr M had made the recording, which had previously been mentioned in documents submitted by Sibiya’s lawyers.
Father says Sibiya threatened to kill family
The recording was played as the court considered allegations that Sibiya had threatened Mr M after learning that he intended to open a criminal case against him.
In a sworn statement read to the court by prosecutor Velile Makasana on Monday, Mr M described how Sibiya allegedly reacted when confronted about his daughter’s accusations.
“I wish to state that this was not the first time that General Sibiya had threatened me. In the past, when I confronted him about my daughter’s allegations, he became angry. He stated that I must not forget that he knows me and my entire family,” the affidavit stated.
“He has told me that he could harm and wipe out my entire family. These statements have remained in my mind,” Mr M’s affidavit added.
Sibiya’s lawyers have denied allegations that he or his family attempted to intimidate Mr M.
His wife, Sizakele Dlamini, has also accused Mr M of attempting to pressure her over the criminal case.
In an earlier sworn statement, Dlamini alleged that Mr M had approached her through another person to discuss withdrawing the charges against her husband.
She claimed that he later contacted her directly and sent WhatsApp messages that she considered threatening.
Dlamini denied that she or other members of Sibiya’s family had tried to persuade Mr M to withdraw the case.
Lawyers clash over recording
Sibiya’s lawyer, Amanda Nel, questioned why prosecutors wanted the recording played after the defence had decided not to use it.
Nel said she had withdrawn the recording for ethical reasons because Cabonge was a witness in another case in which she was involved.
She argued that the recording needed to be considered alongside earlier communications between Mr M and Sibiya’s defence team.
According to Nel, those communications could support the defence’s argument that Mr M had not been intimidated.
Prosecutors disagreed, saying the recording was relevant to deciding whether Sibiya should be released on bail.
They relied on section 60(3) of the Criminal Procedure Act, which allows a court to request additional evidence before deciding whether an accused person should be granted bail.
Magistrate Hleziphi Mkhasibe said she wanted to listen to the recording herself before deciding what weight to give the intimidation allegations.
After it was played, Nel attempted to question Ndlovu further about what had been said.
Prosecutors objected, arguing that the officer had only been asked to identify the speakers and could not explain a conversation in which she had not participated.
Mkhasibe agreed but said Sibiya’s lawyers would be allowed to make arguments about the recording later in the hearing.
Court wants complainants’ views on bail
The magistrate ordered Ndlovu to obtain statements from both complainants explaining whether they feared for their safety if Sibiya was released.
The statements must also address concerns about possible intimidation, interference with witnesses or contact with complainants and their families.
The information will help the court decide whether Sibiya can be released while awaiting trial.
Sibiya has been held at Kgosi Mampuru II Correctional Centre for about three weeks.
He faces charges relating to the alleged sexual grooming of a 16-year-old girl, the rape of an 18-year-old woman, human trafficking and a firearms offence.
He denies the sexual offence allegations.
The hearing came a day after Sibiya resigned from the South African Police Service while facing disciplinary proceedings over allegations of corruption and misconduct.
Police confirmed on Monday, 12 October, that his resignation took immediate effect and that his departure was classified as a dishonourable discharge because disciplinary proceedings were already underway.
The bail hearing was postponed until Wednesday, 14 October, to allow police to obtain the outstanding statements and both sides to make further arguments.
