Magistrate Hleziphi Mkhabise said the state had established a likelihood that Sibiya would attempt to influence witnesses, particularly the 16-year-old girl at the centre of the sexual offences case
Former deputy national police commissioner Shadrack Sibiya has been denied bail by the Randburg Magistrate’s Court, with the presiding magistrate finding that his release could lead to witness intimidation and the destruction of evidence.
Magistrate Hleziphi Mkhabise said the state had established a likelihood that Sibiya would attempt to influence witnesses, particularly the 16-year-old girl at the centre of the sexual offences case.
“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,” Mkhabise said.
Sibiya, who was arrested on 21 September at The Grand, an upmarket strip club and restaurant, faces six charges, including rape, the sexual grooming of a 16-year-old girl, human trafficking for sexual exploitation and the negligent handling of a firearm. He has pleaded not guilty to all the charges.
Mkhabise said there was a likelihood that Sibiya would attempt to influence the 16-year-old, whom she described as vulnerable to manipulation.
“She is a child who is vulnerable, who fell for the applicant’s manipulation, and having secret conversations with her, requesting her to make videos of herself masturbating.”
The magistrate also questioned Sibiya’s explanation that he had received sexually explicit videos of the girl from her father, Mr M. She said the credibility of his explanation would be determined during the trial.
The court would also have to determine the rape allegation involving an 18-year-old woman, which Sibiya maintains was consensual.
Mkhabise said Sibiya’s alleged demand that the teenager delete their WhatsApp communications indicated an intention to destroy evidence.
“His destruction of evidence on his phone demonstrates the likelihood that he will tamper with any evidence implicating him,” she said.
During the three-week bail hearing, the state opposed Sibiya’s release, citing concerns about witness intimidation and interference with the investigation. State prosecutor Velile Makasana told the court that Sibiya’s cellphones had allegedly been wiped shortly before his arrest.
The state also presented an audio recording allegedly containing threats by Sibiya against the family of the teenager, who is under witness protection.
According to evidence presented to the court, Sibiya obtained the girl’s contact number from Mr M, who had worked as his bodyguard, and began communicating with her secretly, without her father’s knowledge.
Mkhabise said the communications were sexual and included questions about the girl’s sexual activity, the sending of nude photographs and requests for videos of her masturbating.
The magistrate said the girl eventually told her father about the communications, despite Sibiya allegedly instructing her not to disclose them.
“Upon disclosure, Mr M confronted the applicant about the allegations but the applicant threatened to wipe him and his family. At that moment Mr M believed the applicant’s threat, hence he decided to report the incident to the police,” Mkhabise said.
Mr M also informed police of the alleged rape of an 18-year-old woman. Sibiya maintains that his encounter with the woman at a Sandton hotel in May 2026 was consensual.
His defence team, led by advocate Estelle Killian, argued that the state had failed to establish sufficient grounds for his continued detention. The defence also maintained that the explicit communications with the teenager had been sent voluntarily and were not solicited by Sibiya.
Sibiya disputed the human trafficking charge, argued that the state’s case was weak and accused the state of abusing its powers in arresting and investigating him.
Mkhabise considered affidavits from the two complainants, the investigating officer, Sibiya’s wife, relatives and associates. Sergeant Ndlovu, attached to the Madlanga Commission’s recommendations task team, submitted an affidavit outlining the allegations against Sibiya.
The court also received an affidavit from the teenager’s father in support of the arrest.
The magistrate emphasised that the bail hearing was not intended to determine Sibiya’s guilt, but to establish whether his release would be in the interests of justice and compromise the investigation.
Sibiya has been remanded in custody at Kgosi Mampuru Correctional Facility. He is expected to return to court on 28 November for a pre-trial hearing.