The bail application of former deputy national police commissioner Shadrack Sibiya has been marked by allegations of witness intimidation, disputed recordings and questions about his connections to people implicated in investigations linked to the Madlanga Commission.
Sibiya is accused of raping of an 18-year-old woman at a Sandton hotel on May 15.
The State alleges the woman was given alcohol and lost consciousness.
He is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August, and of possessing and distributing sexually explicit images of the teenager.
The father of the teenager is an associate of Sibiya, referred to as Mr M in court to protect his daughter’s identity.
In a separate allegation, the State claims that Sibiya trafficked three people for sexual exploitation.
Allegations are that Sibiya threatened Mr M, there was testimony about his alleged connections to businessman Vusimuzi “Cat” Matlala, and an audio recording featuring businessman and socialite Serge Cabonge.
The State has argued that Sibiya could intimidate witnesses, interfere with evidence or evade trial if released.
His defence, led by senior counsel Estelle Killian, maintains that he denies the charges and that the prosecution has not presented sufficient grounds to justify his continued detention.
The case has unfolded against the backdrop of Sibiya’s resignation from the South African Police Service (SAPS) on October 12, which ended his employment and resulted in the loss of his lieutenant-general rank while disciplinary proceedings were under way.
Alleged threats against teenager’s father
One of the most serious allegations presented during the bail hearing came from the father of the teenager.
Prosecutor Velile Makhasana read Mr M’s affidavit into the record, detailing how he reported allegations involving his daughter to police in August.
Mr M said officers initially informed him that a file would be opened to investigate the matter.
He was subsequently contacted by the investigating officer, Detective-Sergeant Nokukhanya Ndlovu, who asked him to meet her at Sandton Police Station to formalise the case.
While at the station, Mr M allegedly received a telephone call from Sibiya, who demanded to know what he was doing with Ndlovu.
According to his affidavit, Mr M was shocked that Sibiya appeared to know he was meeting the investigating officer.
He said he put the call on speakerphone so Ndlovu could hear the conversation.
Mr M alleged that Sibiya told him he was an easy person to deal with and that it would take only a short time to deal with him.
He further claimed that Sibiya had previously reacted angrily when confronted about his daughter’s allegations, reminding him that he knew him and his family.
“He has told me that he could harm or wipe out my entire family,” Mr M said, according to the affidavit read in court.
He told the court that the alleged threats had left him fearful for his safety and that of his family. He asked police to investigate the matter.
Makhasana argued that the alleged threats were significant because Mr M was an associate of Sibiya and the investigating officer was reportedly present during the telephone conversation.
State argues Sibiya harboured resentment
The State also sought to demonstrate that Sibiya was resentful towards Mr M following the allegations involving his daughter.
Makhasana referred to an account in which Sibiya allegedly expressed frustration after his arrest, saying he had dealt with the Madlanga Commission and the 121 political killings case dockets he had been accused of taking to Pretoria, and had believed he had overcome the issues surrounding them.
He allegedly complained that Mr M’s case had now placed his career and family at risk.
“Clearly this shows resentment by the applicant against Mr M,” Makhasana submitted.
The 121 dockets have featured in testimony before the Madlanga Commission in connection with allegations of interference in police operations, including the handling of active case files belonging to KwaZulu-Natal’s Political Killings Task Team (PKTT).
Separate testimony before the commission has also implicated Sibiya in allegations of corruption and interference with police investigations, including claims involving businessman Matlala, who is himself facing charges including murder and conspiracy to commit murder.
Cabonge recording raises questions about alleged connections
The court also heard a 25-minute recording of a conversation between Cabonge and Mr M, which brought several alleged relationships and dealings into focus.
In the recording, Cabonge claimed that suspended police Sergeant Fannie Nkosi acted as an intermediary between Matlala and Sibiya.
“They were communicating via Nkosi. They removed me from the picture,” Cabonge said.
He denied collecting money on Sibiya’s behalf or receiving money from the former police general.
The conversation included claims about Cabonge’s connections within the justice system and his alleged ability to use police contacts to assist people facing criminal investigations.
Cabonge also claimed to have helped the family of a man who “sits in the front at the Madlanga Commission” after the man’s daughter faced charges following a collision with a woman carrying a child in Sandton.
He claimed the woman’s family approached him after police began making inquiries about the incident.
According to Cabonge, he used his connections to establish who was investigating the matter, and the case was subsequently withdrawn.
Cabonge said the man who “sits in the front at the Madlanga Commission” was grateful for his assistance.
However, the recording did not identify the man by name.
Ndlovu confirmed that the recording captured a conversation between Cabonge and Mr M.
She told the court that Mr M had confirmed its authenticity while she examined an affidavit and attachments submitted by Sibiya’s wife, Sizakele Dlamini.
Ndlovu said she could not explain why the recording had been sent to Dlamini and indicated that the circumstances surrounding it remained under investigation.
The defence questioned the recording’s relevance, pointing out that Sibiya was neither the subject of the conversation nor mentioned in it.
The defence also indicated that it no longer wished to introduce the recording and had made it available to the State.
Madlanga Commission rejects allegations
The Madlanga Commission subsequently issued a statement rejecting allegations attributed to Cabonge concerning an unidentified man associated with the commission.
“The Commission wants to state clearly and categorically that the allegations are false, incoherent and are not supported by any facts.
“None of the commissioners or evidence leaders have met, spoken to or know Mr Cabonge. Neither has anyone on behalf of the Commission ever communicated with Mr Cabonge, whether directly or through an intermediary, concerning Mr Cabonge’s appearance before the Commission,” it said.
Recording also mentions Tebogo Thobejane
Another part of the conversation concerned actress and socialite Tebogo Thobejane, who previously dated Matlala.
Cabonge suggested that Sibiya knew Thobejane and claimed they had been together in his company on several occasions.
Mr M disputed this, saying Sibiya had told him that he did not know her.
Cabonge suggested that Sibiya might have forgotten meeting Thobejane because he had met many women through him.
Thobejane has previously featured in a separate criminal case involving alleged murder plots. She was injured in a shooting on the N1 highway near Sandton in 2023, while another woman in the vehicle sustained severe injuries.
Matlala and four co-accused face charges linked to alleged plots targeting several people, including Thobejane. They have pleaded not guilty.
Rape complainant’s fears challenged by defence
The State also relied on an affidavit from an 18-year-old woman who has accused Sibiya of rape.
The woman said she feared for her safety and described living with persistent anxiety over the possibility that Sibiya could be granted bail. She also referred to suicidal thoughts in her statement.
The State alleges that the incident occurred at a Sandton hotel on May 15, after the woman was given alcohol and lost consciousness.
Killian argued that the complainant’s emotional distress should not, on its own, determine whether Sibiya remained in custody.
She maintained that the court had to consider the applicable legal principles and the interests of justice, rather than treating the seriousness of the allegations as sufficient grounds to refuse bail.
The defence also argued that the prolonged proceedings had placed Sibiya under financial strain, affecting his dependents and his legal team’s preparations.
State warns of flight and witness interference risks
In opposing bail, Makhasana argued that Sibiya had failed to demonstrate exceptional circumstances warranting his release, and that the interests of justice weighed against granting bail.
The prosecutor said the seriousness of the charges and the potential penalties could give Sibiya an incentive to flee.
He also raised concerns that Sibiya could intimidate witnesses or conceal evidence because of his familiarity with the complainants and the evidence against him.
Makhasana acknowledged that the State could not identify a specific country to which Sibiya might flee, but argued that the possibility of evading trial remained relevant.
The defence disputed the prosecution’s position, with Killian arguing that the evidence supporting the human trafficking allegations was insufficient.
Judgement postponed until Tuesday
Meanwhile, after hearing the arguments, Magistrate Hleziphi Mkhasibe postponed judgment until Tuesday, saying she needed more time to review documents submitted during the proceedings.
Sibiya will remain in custody until the court delivers its decision.
His resignation from SAPS has ended his employment while the criminal proceedings continue.
Police described his departure as a dishonourable discharge because disciplinary proceedings had already commenced when his resignation was tendered.
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