The 16-year-old complainant and an 18-year-old woman have told the Randburg Magistrate’s Court that they fear for their safety and that of their families if former deputy national police commissioner Shadrack Sibiya is released on bail.
The complainants’ concerns were detailed in statements read out by State prosecutor advocate Velile Makhasana during Sibiya’s continued bail application on Wednesday.
Sibiya is accused of rape, sexual grooming and human trafficking of the complainants. The state alleges that he exchanged videos of a pornographic nature with a minor while also ordering her to record herself masturbating and send the video to him.
Both complainants described the emotional toll of the case, with the minor complainant expressing fears for her family and the 18-year-old woman saying she had experienced suicidal thoughts amid what she described as constant fear.
The statements were presented as the state continues to oppose Sibiya’s release on bail.
The 18-year-old complainant said she was shocked when the investigating officer reached out and asked her if she felt safe because she had been living with persistent fear and suicidal thoughts.
She warned that she feared further harm if Sibiya were released.
The woman also alleged that a friend had informed her that the defence had approached her to make a statement contradicting the complainant’s evidence. According to her statement, the friend refused.
She described the alleged approach as interference in a sensitive case and said her friends and family had also been affected by the security concerns.
The complainant said the situation had forced her and those close to her to change their lifestyles to accommodate security measures while restricting her movements and activities.
READ MORE: Sibiya’s attorneys challenge trafficking and rape evidence in bail hearing
The defence denied approaching the complainant’s friend to obtain a statement contradicting her evidence.
Magistrate Hleziphi Mkhasibe questioned whether the whereabouts of the friend mentioned in the statement were known to the defence or anyone allegedly linked to it.
Makhasana responded that this appeared to be the case, based on information brought to the State’s attention.
Defence challenges length of postponement
Sibiya’s legal representative, advocate Estelle Killian questioned how keeping Sibiya in custody would alleviate the complainants’ fears, arguing that fear was not uncommon among people who reported sexual assault. According to the defence, the minor had expressed that she had a crush on Sibiya.
Magistrate Mkhasibe challenged the framing of the argument, responding that it appeared to diminish the complainants’ experiences.
“I am going to ask you to rephrase,” said Mkhasibe.
Killian withdrew, but criticised the postponement of the proceedings, arguing that the delays had unnecessarily deprived her client of his liberty.
She said the matter could have proceeded earlier.
“The applicant (Sibiya) was arrested on September 21, 2026, but the postponements have prolonged his detention while he awaits the outcome of his bail application. This is all to punish him,” Killian alleged.
However, Magistrate Mkhasibe pointed out that the period had also provided the defence with an opportunity to prepare its application.
Killian agreed.
Sibiya needs medical supervision
Killian told the court that Sibiya takes care of the financial wellbeing of his family and staff, and then there’s a list of other people who are also dependent on adults, including his mother and other family members.
“He needs medical supervision, as he suffers from high blood pressure and diabetes. The continued detention will have a mental effect on his family emotionally, financially, and psychologically,” she added.
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In response, Makhasana questioned why Sibiya, as a senior police officer, had allegedly allowed the sharing of explicit images involving a minor to occur.
The prosecutor argued that Sibiya, given his experience as a police officer, would have known that exposing a child to pornographic material was unlawful.
“The version advanced by the defence that a 16-year-old had a crush on a 59-year-old man is fabricated, and it would be contradicted by WhatsApp messages,” said Makhasana.
Sibiya’s arrest and resignation
Sibiya was arrested on 21 September 2026 at The Grand Club in the Sandton area. His arrest followed allegations relating to the sexual grooming of a 16-year-old girl and the rape of an 18-year-old woman. He has denied the charges.
The rape allegation relates to an incident at the Garden Court Hotel in Sandton in May 2026. The State alleges that the woman was given alcohol before losing consciousness. The defence disputes the allegations, with Sibiya’s legal team maintaining that the sexual encounter was consensual.
The criminal case also includes a human trafficking charge and a charge relating to the handling of a firearm.
On Monday, Sibiya resigned from the South African Police Service (SAPS) while disciplinary proceedings against him were under way. The SAPS said his departure would be treated as a dishonourable discharge because disciplinary proceedings were pending at the time of his resignation.
READ: Sibiya resigns from SAPS amid disciplinary action and rape charges
Separate from the criminal case, Sibiya has been implicated in allegations of corruption and interference in police operations that have featured before the Madlanga Commission of Inquiry. These include allegations concerning confidential police information, case dockets and gifts from individuals linked to alleged criminal networks.
The State continues to oppose his release. The matter stood down for Thursday morning for further bail hearing.
- Former deputy national police commissioner Shadrack Sibiya is accused of rape, sexual grooming, and human trafficking involving a 16-year-old and an 18-year-old complainant.
- Both complainants have expressed fears for their and their families' safety if Sibiya is granted bail.
- Sibiya was arrested on 21 September 2026 at The Grand Club in Sandton and has denied all charges, claiming the sexual encounter was consensual.
- Sibiya resigned from the South African Police Service while disciplinary proceedings against him were ongoing, with his departure treated as a dishonourable discharge.
- The state continues to oppose Sibiya’s bail application, citing the serious nature of the alleged offenses, and the bail hearing was adjourned for further proceedings.
