NPA will probe teenager’s father as Sibiya investigation nears completion

What the NPA will investigate

NPA national spokesperson Kaizer Kganyago confirmed investigators will look into whether Mr M, the teenager’s father and an associate of Sibiya, was in possession of inappropriate images of his daughter. The probe will also examine a recorded conversation between controversial socialite Serge Cabonge and Mr M that contains allegations previously played in court.

Charges facing Sibiya

Sibiya faces multiple criminal charges. The state’s case, as outlined in court, includes allegations that he:

• raped an 18‑year‑old woman at a Sandton hotel on May 15 after she was allegedly given alcohol and lost consciousness;
• sexually groomed a 16‑year‑old via WhatsApp between July and August;
• possessed and shared inappropriate images of the 16‑year‑old;
• trafficked three people for sexual exploitation; and
• faces a charge of promoting the sexual grooming of a child, alongside two counts of sexual grooming of a child.

Bail hearing and the court’s reasoning

The Rand Magistrate’s Court denied Sibiya bail. Magistrate Hleziphi Mkhasibe said the applicant had failed to show exceptional circumstances that would permit release and raised concerns about the potential intimidation of witnesses and the possible destruction of evidence. In her ruling she said:

“The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant’s release on bail.”

She added:

“As a result, bail is refused and the applicant is to remain in custody.”

NPA response and next procedural steps

After the bail ruling Kganyago said the NPA was satisfied with the outcome. He told reporters:

“All we can say is that justice has been served.”

He also explained the prosecutors’ role in the hearing:

“Our job as prosecutors is to put all the facts before the magistrate. We have succeeded in doing so, and the court has decided to deny him bail.”

Kganyago said the NPA was prepared to respond should the defence decide to appeal the bail decision:

“We will always be ready to deal with whatever it is. Justice has to be served in its totality. If they feel they need to appeal this matter, they can do so, and we will then respond.”

Investigation background and operational details

Sibiya was arrested on September 21 by members of the Madlanga Commission’s Recommendations Task Team (CRTT) and appeared in court the following day. He has denied the charges and described them as “trumped up” in court. He subsequently submitted his resignation from the South African Police Service (SAPS) through his legal representative shortly after disciplinary proceedings began on October 12.

Kganyago told the media that the magistrate repeatedly noted there were outstanding issues requiring further investigation, and that those matters would be pursued. He said:

“As you might have heard, on more than two or three occasions the magistrate was clear to say there are issues that need to be investigated further, and that will be one of the things that will be investigated.”

He added that investigators were completing remaining tasks before the matter proceeds to trial:

“We are tying up the last things that the investigating officers need to do, and then we will be ready to go for trial,”

and the NPA hoped the process would move forward without unnecessary delays.

Evidence under review: the father and the audio recording

During bail proceedings the court heard allegations that Mr M provided his daughter’s images to Sibiya; the teenager has said she did not know how Sibiya had obtained them. Defence counsel, led by senior counsel Estelle Killian, raised concerns about Mr M’s involvement in the matter. The NPA confirmed that the audio recording of the conversation between Cabonge and Mr M will form part of the ongoing investigation.

The recording includes claims that Cabonge used police connections to influence the withdrawal of criminal charges involving the daughter of a man linked to the Madlanga Commission. The commission has denied those claims, saying none of its commissioners had met Cabonge.

Witness safety and protection measures

The NPA confirmed the 16‑year‑old at the centre of parts of the case is receiving protection through the authority’s women’s protection services. Officials are also considering placing the 18‑year‑old complainant under witness protection depending on a safety assessment and the need to prevent interference with the criminal proceedings.

Detective Nokukhanya Ndlovu of the CRTT previously testified that both girls had sent messages expressing fears for their lives and, at times, indicating that they might harm themselves. Witness protection and support measures are typically assessed case by case, based on the individual risks and the integrity of the proceedings.

What happens now

The matter has been postponed to November 24 to allow investigators to conclude outstanding work. Sibiya will remain in custody until further court orders. The NPA has signalled it is prepared to respond to any appeal by the defence and continues to complete investigative steps it says are necessary to bring the matter to trial.

As prosecutors finalise evidence and outstanding lines of inquiry including the role of Mr M and the recorded conversation involving Serge Cabonge the case remains under close scrutiny as it moves toward its next court appearance.