Former deputy national police commissioner Shadrack Sibiya’s defence is contesting the state’s claims against his bail application in Randburg Magistrate’s Court, arguing that he does not pose a risk to witnesses and that his ongoing detention is harming his finances and hindering his trial preparation.
The prosecution has raised concerns about the safety of the complainants and the potential for witness interference. Central to their case is an alleged threat against Mr M, the father of a 16-year-old girl who previously worked as Sibiya’s bodyguard. The state claims Sibiya threatened to “wipe out” Mr M’s family after becoming aware of a case against him, a claim Sibiya denies.
Defence lawyer Estelle Killian asserted that Sibiya has not made the statements attributed to him and disputed the interpretation of the alleged conversation. The prosecution has referenced WhatsApp messages between Sibiya and the minor, asserting that explicit communications from 20 July to 3 August 2026 indicate that the teenager was groomed.
The state also alleges Sibiya raped an 18-year-old woman on 16 May 2026, during an outing where the group visited The Grand, a strip club in Sandton. The complainant claims she was given alcohol, lost consciousness, and was subsequently raped by Sibiya, who refutes the allegation, which will be addressed at trial.
Concerns regarding witness intimidation were brought up during the hearing, as the state presented recordings of Sibiya’s associates discussing plans to meet the 18-year-old complainant. The defence has denied any intention on Sibiya’s part to interfere with witnesses.
During the hearing, state prosecutor advocate Velile Makasana read victim impact statements. The 18-year-old expressed living in constant fear since the alleged incident, even suggesting suicidal thoughts. She voiced concerns about further harm if Sibiya is granted bail, stating she has suffered enough.
The 16-year-old complainant, currently under witness protection, said Sibiya’s potential release worsened her anxiety, particularly regarding threats against her father.
Sibiya’s defence argued that his detention is financially burdensome for him and his dependants, complicating the preparation of his legal defence. Lawyer Amanda Nel highlighted that the lengthy bail hearing and ongoing disciplinary proceedings have strained Sibiya’s finances, making it hard for his legal team to gather instructions and prepare documents.
She contended that the seriousness of the charges should not automatically preclude bail and urged the court to consider all circumstances alongside societal interests. The state continues to assert that the allegations and witness safety concerns justify Sibiya remaining behind bars.
