By Lehlohonolo Lehana.
NB: Story contains graphic details that may be disturbing to readers.
The suspended SA Police Services (SAPS) deputy national police commissioner Shadrack Sibiya has denied raping an 18-year-old, claiming that they had consensual sex.
Sibiya appeared in the Randburg Magistrate’s Court on Tuesday for his bail application, which was postponed to Thursday, 1 October.
He was arrested on 21 September and charged with sexual grooming of a child, child trafficking and rape.
Sibiya’s lawyer Estelle Killian read his affidavit in court, She told the court that her client intended to plead not guilty to all the charges.
He indicated that his immediate family depended on him, including his two minor children, his 75-year-old mother, who suffers from a mental illness, and his aunt.
Sibiya questioned the circumstances of his arrest, saying he was arrested at the Grand Club in Rivonia rather than at his home address listed in the warrant. He said his home was searched on the same day and accused police of surveilling his movements.
He also argued that sexual offences allegations fell outside the mandate of the Madlanga Commission of Inquiry and accused the CRTT of becoming involved in a matter that did not arise from the commission’s work.
“The obvious but crucial question that needs to be answered by State is why CRTT and its members involve themselves in matters that clearly did not emerge from the commission scope or mandate,” Sibiya said in his affidavit.
Sibiya also conceded that he had met the 18-year-old, referred to as “MC”, and later took her out to dinner. However, he said they had consensual sex and that their conversations continued afterwards.
He said a man identified in court as Mr M and his sister had held a braai in Kempton Park to which Sibiya was invited. He said he was asked to collect Mr M’s daughter, ZM, and her friend.
Sibiya said Mr M was distressed after seeing a video of ZM masturbating, which he then forwarded to Sibiya.
He said Mr M subsequently phoned ZM and questioned her about her alleged crush on Sibiya. During the call, he said, ZM asked to see the video and Sibiya sent it to her.
The magistrate questioned why Mr M would send the video to Sibiya when they were together at the time. After consulting Sibiya, his lawyer said they could not explain why Mr M had sent him the video.
Killian told the court that he sent the explicit video at her request, denying the charge of grooming and sending explicit material.
The state sought additional time to consider the witness’s evidence and documents referred to during his testimony.
The State prosecutor Velile Makhasana told the court that the State needs to prepare after receiving documents from the defence on Tuesday and to cross-examine Advocate Rashad Moosa.
According to Moosa, his impression was that Sibiya wanted to deal with the matter proactively and clear his name. He also testified that he went to Sibiya’s home on the night of 21 September, when the suspended police general was arrested.
He described the scene as heavily guarded, with several armed SAPS officials and an estimated 10 to 15 vehicles present.
Moosa further stated that there appeared to be two separate teams at the property, one executing a search-and-seizure warrant and another executing the arrest warrant. By the time he arrived, Sibiya was already in custody, and from the time he arrived until he left, Sibiya cooperated with the officials present.
He acknowledged, however, that he could not identify which officials belonged to which task team or comment on whether their involvement was improper.
The defence objected to the request, arguing that Moosa’s evidence was brief and straightforward and that the state had already had several hours to prepare.
However the Magistrate granted postponement to Thursday and Sibiya remains in custody at Kgosi Mampuru II Correctional Services.
Meanwhile Sibiya has been served with papers and is scheduled to face a disciplinary hearing on 5 October 2026.
SAPS national police spokesperson Brigadier Athlenda Mathe said that the hearing relates to a matter of corruption that emerged from the Madlanga Inquiry.
She confirmed that Sibiya was informed of the disciplinary hearing while in the police holding cells.
Mathe said the internal departmental investigation had been finalised and that the disciplinary hearing had subsequently been scheduled.
She confirmed that the hearing would be conducted on an expedited basis under Regulation 9, which applies to serious allegations, including corruption.
“I can confirm that there is an expeditious disciplinary hearing, which is Regulation 9, simply because allegations of corruption will fall under that category, and these are quite serious allegations that he is facing, ” Mathe said.