Sibiya bail hearing continues as State opposes release over rape and grooming charges

Former deputy national police commissioner Shadrack Sibiya is expected back in the Randburg Magistrates’ Court on Thursday as the State continues to oppose his release on bail in a case involving allegations of rape, human trafficking and sexual grooming.

Sibiya spent another night in custody after proceedings were postponed on Wednesday. The bail application is now in its third week, with further arguments expected before the court considers whether he should be released while the case continues.

The State is relying, in part, on an affidavit from an 18-year-old woman who has accused Sibiya of rape and says she fears for her safety.

Defence challenges complainant’s fears

In her affidavit, the woman said she had been living in constant fear and experiencing suicidal thoughts.

“Day in and day out, I am living in constant fear to the extent of being suicidal,” she stated.

She also told the court that she had shared her concerns with a close friend on WhatsApp on 22 September, including her fear that Sibiya could be granted bail.

However, Sibiya’s lawyer, senior counsel Estelle Killian, argued that the complainant’s emotional distress should not, on its own, determine whether he remains behind bars.

Killian told the court that emotional distress was not unusual in sexual offence cases and argued that refusing bail solely because a complainant feared the accused could make bail effectively impossible in such matters.

She maintained that the seriousness of the charges and the potential punishment did not automatically rule out bail. Instead, she argued, the court should consider the applicable legal principles and the interests of society.

Killian acknowledged the seriousness of rape and gender-based violence but maintained that the allegations alone should not determine the outcome of the application.

Sibiya has denied the allegations. According to his account presented in court, the young woman had a crush on him.

Defence raises financial pressure

The defence has also argued that the lengthy proceedings have placed Sibiya under significant financial strain.

Killian told the court that the bail hearing and disciplinary proceedings had drained his finances, affecting his dependants and limiting his legal team’s ability to prepare his case.

The disciplinary proceedings reportedly continued until Monday. Sibiya resigned from the police service before his disciplinary hearing could begin, and the court heard that he would receive his pension benefits.

The defence argues that the duration and financial burden of the proceedings should be considered when deciding whether he should remain in custody.

Separate allegations involve a 16-year-old girl

Sibiya is also facing allegations in a separate case involving a 16-year-old girl, in which he is accused of sexual grooming and promoting the sexual grooming of a child.

The State alleges that the conduct occurred between July and August 2026.

According to the prosecution, Sibiya allegedly used WhatsApp to communicate with the teenager, requested explicit videos, instructed her to keep their conversations secret, and possessed or shared explicit images of her.

The teenager’s father, who is described in court as Mr M to protect the minor’s identity, is reportedly an associate of Sibiya.

Sibiya has denied the allegations against him.

Court to consider bail application

The State is opposing Sibiya’s release while the allegations are dealt with through the legal process. The adult complainant’s affidavit forms part of the material presented to the court in considering the bail application.

Further arguments are expected on Thursday before the court considers the application. No final decision on bail has been reported in the information provided.