Kamogelo Moichela|Published
Former police deputy commissioner Shadrack Sibiya’s lawyer has argued that an 18-year-old woman’s reported suicidal thoughts and fear for her safety should not, on their own, prevent him from being granted bail as he faces rape and human trafficking charges.
The woman, who has accused Sibiya of rape, told the Randburg Magistrate’s Court that she had been living in constant fear and struggling with suicidal thoughts. The State submitted her affidavit for the magistrate to consider when deciding whether Sibiya should be released on bail.
“Day in and day out, I am living in constant fear to the extent of being suicidal,” she said in the affidavit.
She told the court that she had shared her fears with a close friend via WhatsApp on September 22, expressing concern that the alleged perpetrator might be granted bail.
Sibiya faces rape and human trafficking charges
The State alleged that Sibiya raped the woman at a Sandton hotel in May 2026 after she passed out from intoxication.
He is also facing a human trafficking charge linked to alleged sexual exploitation in the same case.
In a separate case involving a 16-year-old girl, Sibiya is accused of sexual grooming and promoting the sexual grooming of a child.
According to the State, the alleged conduct took place between July and August 2026.
Sibiya allegedly groomed the teenager through WhatsApp, requested explicit videos, instructed her to keep their communications secret, and possessed or shared explicit images of her.
Sibiya has denied the charges.
He maintained that his sexual encounter with the 18-year-old was consensual and claims the explicit material involving the 16-year-old was sent to him by the girl’s father.
Lawyer argues distress should not determine bail
Sibiya's lawyer, advocate Estelle Killian SC, said the 18-year-old woman’s fear for her safety and reported suicidal thoughts should not, on their own, prevent her client from being granted bail.
Addressing the court yesterday, Killian said such emotional distress was not unusual among sexual offence complainants and could not automatically determine whether an accused person should remain behind bars.
“Even inclusion of suicidal thoughts, this is nothing exceptional,” Killian said. “This is the pattern that is displayed by sexual victims and this is what they tell the court when they testify.”
She argued that refusing bail solely because a rape complainant feared the accused would effectively make bail impossible in such cases.
Killian maintained that the seriousness of a rape charge and the potential punishment did not, by themselves, automatically exclude bail. She said the court had to consider the applicable legal principles and the interests of society, rather than rely solely on the nature of the allegations.
Complainant tells court she fears for her safety
The complainant told the court she feared for her safety and had been struggling with suicidal thoughts. She also reportedly suggested that Sibiya might be targeting her.
Sibiya has denied the allegations. According to his account presented in court, the young woman had a crush on him.
Killian acknowledged the gravity of rape and gender-based violence, describing them as serious crimes that continue to affect society.
The bail hearing continues.