IN THE DOCK: Sibiya wiped phones before arrest, court hears, as alleged victims oppose bail

Former deputy police commissioner Shadrack Sibiya wiped his cellphones clean shortly before his arrest, the Randburg Magistrates’ Court heard on Wednesday during his bail application –now in its third week.

The prosecutor, Velile Makasana, told the court, “At this point in time, the State is in possession – even though that was not mentioned in clear terms – of evidence that his cellphones were wiped off; they were cleaned before he was arrested.”

Sibiya, who has been in custody since 21 September, is seeking to be released on R20,000 bail. He is facing six charges, including the rape of an 18-year-old, the sexual grooming of a 16-year-old minor, human trafficking and the negligent handling of a firearm, all of which he has pleaded not guilty to.

Alleged victims express fear

While the defence argued that Sibiya is not a flight risk and suffers from chronic health conditions, the court was presented with harrowing statements from the young complainants opposing his release.

A statement from “ZM”, a 16-year-old complainant currently in witness protection, detailed her intense fear and daily anxiety over Sibiya’s background in law enforcement and alleged threats made to her family.

“Anxiety is what I feel every day ever since the case commenced. This is based on the knowledge that Mr Sibiya is a senior police officer and has made threats to my father,” ZM said in her affidavit. “His threats were because of the matter I reported to my father. This made me feel very unsafe, and I would not feel comfortable should Mr Sibiya get bail. I feel my entire family would be exposed to more danger, and I will blame myself as I am the one who reported the matter.

“I am very scared that if he is released on bail, he will do harm to my father or myself,” she added. “Any of such actions may destroy my entire life, both physically or psychologically. I am afraid of the accused's release.”

A second alleged victim, 18-year-old “MC”, described the severe emotional toll of the case, stating it had given her suicidal thoughts and the constant dread that she and her family would be tortured if Sibiya were released.

“I have also told Sgt Ndlovu that I think I wouldn’t wait for any future torture should he be released on bail because something worse than what he had done could happen,” MC stated. “He will therefore find me dead already, as I've already suffered enough.”

Defence attacks State case

On Wednesday, Sibiya’s lawyers spent much of the day arguing for his release, submitting that he was not a flight risk, suffered from diabetes, hypertension and high cholesterol, and was his family’s breadwinner. 

At the heart of the defence’s closing arguments, however, was that the State case against Sibiya is “very weak”. Sibiya’s advocate, Estelle Killian, said evidence linking her client to the alleged trafficking of teenage girls was “insufficient and flimsy”.

Killian argued that the evidence showed that Mr M, the father of the 16-year-old whom Sibiya is accused of sexually grooming, had arranged accommodation and transport for the teenage girls before Sibiya met them at the Garden Court Hotel in Sandton. She argued that there was no evidence showing that he had done so on Sibiya’s instructions.

“On 15 May 2026, Mr M arranges the hotel accommodation, he arranges transport on requests of victims – no mention of [Sibiya’s] presence or the fact that he instructed Mr M to do so. Also, no reference that the applicant arrived earlier that evening,” Killian argued.

The defence maintained that while Sibiya ultimately paid for the hotel room, the State failed to demonstrate how paying after the fact constituted participation in human trafficking.

Killian also challenged the State’s reliance on a person identified as witness O, who had refused to provide a statement and to become a State witness.  

“It is insufficient and flimsy in law,” Killian argued.

The court then raised questions about whether surveillance footage could be obtained from the hotel, with Sibiya’s legal team arguing that the State should obtain any available footage if it wanted to substantiate allegations that the girls were intoxicated or under duress.

‘Nothing unusual’

Responding to the alleged victims’ statements, Killian argued that anxiety among complainants in sexual offence cases should not, by itself, prevent an accused person from being granted bail. She maintained that the court still had to assess whether there were legal grounds to justify keeping Sibiya behind bars.

“It's not unusual for victims of rape to feel anxiety, but it shouldn't prevent bail,” Killian argued.

The magistrate took issue with the manner in which the submission was made, telling Killian that the way she had addressed the issue, including comments made earlier in the proceedings, came across as diminishing the feelings of the alleged victims.

Killian nevertheless maintained that the complainants’ fears had to be considered together with the other evidence before the court and should not, on their own, determine the outcome of Sibiya’s bail application. 

Cabonge’s recording

On Tuesday, the court heard a 25-minute recorded conversation between Mr M and controversial businessman Serge Cabonge, in which Cabonge made a series of allegations about Sibiya’s purported links to unlawful activities and individuals who have featured prominently in ongoing criminal investigations.

In the recording, Cabonge linked Sibiya to businessman Vusimuzi “Cat” Matlala, tenderpreneur Hangwani Maumela and criminally accused policeman Sergeant Fannie Nkosi, among others.

Perhaps the most startling claim in the recording, however, was Cabonge’s assertion that he had been in contact with someone who “sits in front of the Madlanga Commission” and whom he referred to as a “judge”. Cabonge claimed the person had advised him to leave the country after his name was mentioned during proceedings before the commission.

In a statement issued on Tuesday night, the commission said it had noted Cabonge’s utterances and would obtain a statement from him in relation to the claims.

‘Compelling evidence’

Prosecutor Makasana argued on Wednesday: “I know it is premature to say, but the way this bail application is being conducted, the evidence against him is compelling.”

Makasana also pointed to an exchange between Sibiya and ZM on 24 July 2026, arguing that Sibiya had asked the teenager whether she was deleting their messages after she had promised to do so.

The prosecutor argued that this conduct spoke to Sibiya’s state of mind and should be considered by the court alongside the State’s allegation that his cellphones had been wiped before his arrest.

“I will submit, Your Worship, that the guilty conscience of the applicant drove him to ask ZM on 24 July 2026 whether she was deleting the messages, and she had promised to do so,” Makasana argued.

He further submitted that Sibiya’s former position as a senior police officer meant he was particularly familiar with the law and the obligations placed on him.

“As a high-ranking and experienced officer, he was expected to abide by the law,” Makasana said.

The bail proceedings are scheduled to resume on Thursday, 15 October, when the State will conclude its arguments. DM