Former deputy national police commissioner General Shadrack Sibiya will spend another weekend behind bars after the Randburg Magistrate’s Court postponed his bail application to Tuesday, October 20, when judgment is expected to be delivered.
Sibiya, who has been in custody since September, is seeking release on R20,000 bail while facing serious criminal charges, including the alleged rape of an 18-year-old woman, the sexual grooming of a 16-year-old girl, human trafficking and a firearms-related offence. He denies the allegations.
The postponement follows weeks of arguments by the state and Sibiya’s legal team over whether he should be released pending the outcome of his criminal case.
The state has opposed bail, arguing that the evidence against the former senior police officer is compelling and that his release could compromise the safety of the complainants and other witnesses.
State prosecutor advocate Velile Makasana argued that evidence presented during the proceedings pointed to a planned sequence of events leading to the alleged rape of the 18-year-old woman at a Sandton hotel in May.
The court also heard allegations that Sibiya had threatened the father of the 16-year-old girl, who accused him of sexually grooming her through WhatsApp communications. Sibiya has denied threatening the teenager’s father.
The prosecution further raised concerns about the alleged wiping of Sibiya’s cellphones before his arrest, arguing that this added to the concerns surrounding the investigation.
The court was also presented with statements from the two complainants opposing his release. Both expressed fears about their safety should Sibiya be granted bail, with the younger complainant raising concerns about the safety of her family.
However, Sibiya’s legal team has maintained that the state’s case is weak and that his continued detention is not justified.
Advocate Estelle Kilian SC and lawyer Amanda Nel argued that the charges against him were unfounded and accused the state of abusing its powers in the manner in which the case had been pursued.
The defence also challenged the human trafficking charge, arguing that it had been used to bring the matter under the stricter Schedule 6 bail provisions of the Criminal Procedure Act.
Under these provisions, an accused person must demonstrate exceptional circumstances that, in the interests of justice, justify release on bail.
Sibiya’s lawyers argued that the court should consider the alleged weaknesses in the state’s evidence and the fact that strict bail conditions could address concerns about possible witness interference.
They proposed that Sibiya surrender his passport and refrain from contacting the complainants or anyone connected to the case.
The defence further argued that his continued detention was placing financial pressure on him and his dependants while making it more difficult for his legal team to prepare for the criminal proceedings.
The magistrate is expected to determine on Tuesday whether Sibiya has met the legal requirements for release.
Until then, the former police chief will remain in custody as he awaits the court’s decision.
