Former deputy national police commissioner Shadrack Sibiya will learn if his application for bail is successful on Tuesday, with the court weighing allegations of witness intimidation, sexual offences and possible interference with evidence.
Magistrate Hleziphi Mkhasibe postponed judgment to review documents submitted during the proceedings.
Sibiya remains in custody at Kgosi Mampuru ll Correctional Centre in Pretoria while awaiting the decision.
He was arrested on September 21 by members of the Madlanga Commission’s Recommendations Task Team (CRTT) and appeared in the Randburg Magistrate’s Court the following day.
The former police lieutenant-general faces allegations including the rape of an 18-year-old woman, the sexual grooming of a 16-year-old girl, the possession and distribution of sexually explicit images of the teenager, and human trafficking for sexual exploitation.
He denies the allegations, while his defence, led by senior counsel Estelle Killian, has argued that the State has failed to establish sufficient grounds to justify his continued detention.
Alleged threats against teenager’s father
Last week, one of the central issues during the bail proceedings was an affidavit from the father of the 16-year-old girl, identified in court as Mr M to protect his daughter's identity.
Prosecutor Velile Makhasana read the affidavit into the record, detailing how Mr M reported allegations involving his daughter to police in August.
According to the affidavit, Mr M was later contacted by 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.
Mr M said he was shocked that Sibiya appeared to know he was meeting the investigating officer. He allegedly placed the call on speakerphone so Ndlovu could hear the conversation.
In his affidavit, Mr M claimed that Sibiya had previously reacted angrily when confronted about his daughter's allegations and reminded 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.
Makhasana argued that the allegations were significant because Mr M was an associate of Sibiya and the investigating officer was reportedly present during the telephone conversation.
The prosecutor also argued that Sibiya had developed resentment towards Mr M following the allegations involving his daughter.
Makhasana referred to an account in which Sibiya allegedly complained that, despite having dealt with the Madlanga Commission and 121 political killings case dockets he was accused of removing to Pretoria, Mr M's case had placed his career and family at risk.
“Clearly this shows resentment by the applicant against Mr M,” the prosecutor submitted.
The 121 dockets have featured in testimony before the Madlanga Commission concerning alleged interference in police operations, including the handling of active case files belonging to KwaZulu-Natal's Political Killings Task Team.
Cabonge recording raises questions
The court also heard a 25-minute audio recording of a conversation between businessman and socialite Serge Cabonge and Mr M.
During the conversation, Cabonge alleged that suspended police Sergeant Fannie Nkosi acted as an intermediary between businessman Vusimuzi “Cat” Matlala and Sibiya.
“They were communicating via Nkosi. They removed me from the picture,” Cabonge said in the recording.
Cabonge also denied collecting money on Sibiya's behalf or receiving money from the former police general.
The conversation included claims about Cabonge's alleged connections within the justice system and his ability to use police contacts to assist people facing criminal investigations.
He described an incident involving the daughter of a former girlfriend, claiming that he used his connections to establish who was investigating a matter following a collision in Sandton.
He alleged that the case was subsequently withdrawn.
Cabonge also referred to a man who allegedly “sits in the front at the Madlanga Commission”, claiming that he had assisted the man's family.
However, the recording did not identify the individual by name.
Ndlovu said the recording captured a conversation between Cabonge and Mr M.
She told the court that Mr M had confirmed its authenticity while she was examining 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 it remained under investigation.
The defence questioned the recording's relevance, arguing 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.
Following public discussion of the recording, the Madlanga Commission issued a statement rejecting the allegations attributed to Cabonge concerning an unidentified person associated with the commission.
“The allegations are false, incoherent and are not supported by any facts,” the commission said.
It added that none of its commissioners or evidence leaders had met, spoken to or knew Cabonge, and that no one acting on its behalf had communicated with him about appearing before the commission.
The recording also included claims about Sibiya's alleged familiarity with actress and socialite Tebogo Thobejane, who previously dated Matlala.
The claims were disputed by Mr M, according to the conversation.
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 and defence arguments
The State also relied on an affidavit from the 18-year-old woman who has accused Sibiya of rape.
The State alleges that the incident occurred at a Sandton hotel on May 15, after the woman was given alcohol and lost consciousness.
In her affidavit, she describes fearing for her safety and experiencing persistent anxiety over the possibility that Sibiya could be released on bail. She also referred to suicidal thoughts.
Killian argued that the woman's emotional distress should not, on its own, determine the bail application.
She maintained that the court must apply the relevant legal principles and assess the interests of justice rather than relying solely on the seriousness of the allegations.
The defence also challenged the evidence supporting the human trafficking allegations and argued that the prolonged proceedings had placed Sibiya under financial strain, affecting his dependants and the preparation of his case.
State warns of flight risk
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 provide an incentive for Sibiya to flee.
He also raised concerns that the former police official could intimidate witnesses or interfere with evidence because of his familiarity with the complainants and the investigation.
Although the State could not identify a specific country to which Sibiya might flee, Makhasana maintained that the possibility of evading trial remained relevant.
The allegations have unfolded against the backdrop of Sibiya's resignation from the South African Police Service on October 12, while disciplinary proceedings were under way.
His departure ended his employment and resulted in the loss of his lieutenant-general rank.
Police described the resignation as a dishonourable discharge because disciplinary proceedings had already commenced.
The court's decision on Tuesday will determine whether Sibiya remains in custody while the criminal proceedings continue or is released on bail, potentially subject to conditions.
simon.majadibodu@iol.co.za
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