Simon Majadibodu|Published
Former deputy national police commissioner Shadrack Sibiya’s bail hearing is expected to continue on Thursday, where further arguments are expected to be heard as the state is opposing his release.
Sibiya will appear before the Randburg Magistrates’ Court.
The state is opposing his release in a case involving allegations of rape, sexual grooming and human trafficking.
He spent another night in custody after the bail hearing was postponed to Thursday.
The state is relying, in part, on an affidavit from an 18-year-old woman who has accused Sibiya of rape and says she fears for her safety.
In her affidavit, the woman said she had been living in constant fear and struggling with suicidal thoughts.
“Day in and day out, I am living in constant fear to the extent of being suicidal,” she said.
She told the court that she had shared her concerns with a close friend on WhatsApp on September 22, expressing fears that the alleged perpetrator might be granted bail.
Defence challenges complainant’s fears
Sibiya’s lawyer, senior counsel Estelle Killian, argued on Wednesday that the complainant’s fear for her safety and reported suicidal thoughts should not, on their own, prevent him from being granted bail.
Addressing the court, Killian said emotional distress was not unusual among complainants in sexual offence cases and should not automatically determine whether an accused person remained in custody.
“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 automatically preclude 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.
She acknowledged the seriousness of rape and gender-based violence, describing them as crimes that continue to affect society.
Sibiya has denied the allegations. According to his account presented in court, the young woman had a crush on him.
Defence cites financial strain
The defence maintains there are no grounds to justify Sibiya’s continued detention.
Killian told the court that the prolonged proceedings had placed a heavy financial burden on Sibiya, affecting his dependants and limiting his legal team’s ability to prepare his case.
“The lengthy bail hearing alone, disciplinary hearings, which have now fallen out of the picture … have drained the applicant financially,” she said.
The bail application, now in its third week, has been further complicated by disciplinary proceedings that continued until Monday, according to the defence.
Sibiya resigned from the police service before his disciplinary hearing could begin. The court heard that he would receive his pension benefits.
The defence argues that the length and financial cost of the proceedings should be considered as the court weighs whether Sibiya should remain in custody pending the case.
Separate case involves 16-year-old girl
Sibiya also faces allegations involving a 16-year-old girl, in a separate case in which he is accused of sexual grooming and promoting the sexual grooming of a child.
The teenager’s father, an associate of Sibiya, is identified in court as Mr M to protect the minor’s identity.
According to the state, the alleged conduct occurred between July and August.
Prosecutors allege that Sibiya used WhatsApp to groom the teenager, requested explicit videos, instructed her to keep their communications secret, and possessed or shared explicit images of her.
The state is opposing bail and is relying on the adult complainant’s affidavit to assist the court in assessing whether Sibiya should be released.
The court is expected to hear further arguments before considering the application.
IOL News