By Lehlohonolo Lehana.
The state has urged that the court should deny the former SAPS Deputy National Commissioner Shadrack Sibiya bail, arguing that his release could expose witnesses to intimidation.
Sibiya appeared in the Randburg Magistrates Court for his bail application, facing charges including the alleged rape and sexual grooming of two teenage girls.
The State is opposing his release, arguing that he could flee the country, intimidate witnesses or interfere with evidence if granted bail. Prosecutors have also raised allegations that Sibiya threatened the father of a 16-year-old girl whom he is accused of sexually grooming.
State prosecutor Velile Makhasana argued that Sibiya had failed to demonstrate exceptional circumstances warranting his release on bail. He further submitted that the interests of justice did not support his release.
Makhasana told the court that Sibiya wiped his cell phones before his arrest last month.
The cell phones are believed to have contained evidence regarding his alleged sexual grooming of a 16-year-old minor and the rape of an 18-year-old woman.
Makasana argued that Sibiya’s alleged tampering with evidence warrants the denial of bail.
“The State is not in possession [of proof] that cell phones he was using around the time of commission of this offence were wiped out on his instruction. That will become very clear during the trial. His past conduct has cast light on what the applicant can do in future. If being a police officer, he managed to destroy evidence fully aware that it was sought, then one shouldn’t wonder about his capabilities. It is further submitted that this act of destroying evidence amounted to a clear interference with the investigation.”
Sibiya’s lawyer, Estelle Killian SC, maintained that he denies the charges. She argued that the State had insufficient evidence to support some of the allegations.
She stressed that the application for bail rested on the cumulative circumstances advanced by Sibiya, rather than solely on an argument that the State’s case was weak.
Sibiya will remain behind bars as the magistrate considers the arguments presented by the State and his defence. Magistrate Hleziphi Mkhasibe will deliver her bail judgment on Tuesday, 20 October 2026.