Shadrack Sibiya denied bail

The Randburg magistrate’s court has denied former top cop Shadrack Sibiya’s bail application, ruling that he had failed to demonstrate exceptional circumstances justifying his release.

“The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant’s release on bail. As a result, bail is refused. The applicant is to remain in custody,” Hleziphi Mkhasibe said as she delivered judgment in Sibiya’s bail bid on Tuesday.

In explaining the decision, Mkhasibe raised concerns about alleged evidence destruction and threats against witnesses, including the family of the 16-year-old complainant.

“He destroyed evidence, threatened the witnesses. I say witnesses because when he threatened to wipe Mr M’s family, he included the child victim,” she said.

The court said it had carefully balanced Sibiya’s constitutional rights, his personal circumstances, the presumption of innocence and the interests of justice.

Sibiya, 59, has been in custody since his arrest on September 21. He faces charges including rape, sexual grooming and human trafficking arising from allegations involving a 16-year-old girl and an 18-year-old woman.

He has denied the allegations of sexual grooming while maintaining that his sexual encounter with the 18-year-old complainant was consensual. His defence had sought his release on R20,000 bail, arguing that appropriate conditions could address the state’s concerns.

The state opposed bail, citing concerns about witness interference and the safety of the complainants.

The matter has been postponed to November 24 for further investigations. Sibiya will remain in custody as the criminal case continues.