The Magistrate in former SAPS deputy national police Shadrack Sibiya’s criminal case has revealed that, to her mind, there is nothing that can be done to impose bail conditions in relation to the crime of allegedly sexually grooming a minor, as these were committed in the comfort of the accused’s home.
The concern was the difficulty of monitoring phone-based contact and preventing interference.
Magistrate Hleziphi Mkhasibe delivered a bail judgment on Sibiya at the Randburg Magistrate’s Court and refused bail to Sibiya.
Sibiya faces five charges: three counts of sexual grooming of a 16-year-old minor, one of allegedly raping an 18-year-old woman and one of trafficking in persons.
Mkhasibe said, “In respect of counts one to three (sexual grooming of a minor), bail conditions cannot be monitored. These crimes were allegedly committed in the comfort of the applicant’s home. The cellular phone that was used in the alleged commission of the crime was wiped clean, meaning evidence was tampered with by the applicant.”
The magistrate said the court cannot impose a bail condition that the accused must not use a cellular phone; it would be impossible to monitor. The applicant can still use a family member’s or a friend’s phone, or buy another one.
“It is the court’s view that there is a likelihood that if the accused is released on bail, he will contact the 16-year-old child victim, who is vulnerable and might be easily influenced based on her previous interaction with the applicant. This is compounded by the victim’s feelings of responsibility for exposing her family to potential harm,” Mkhasibe said.
She added that the child victim initially concealed her interaction with the applicant for some time.
“The applicant (Sibiya) requested the child victim to delete their conversation. This demonstrates that the victim is vulnerable. The applicant’s actions give us a window into his intention. As a high-ranking officer, at the time he was aware that he was committing a crime. He was also aware that he was tampering with evidence that has the potential to implicate him,” Mkhasibe said.
She added that evidence relating to the search and seizure warrant at Sibiya’s house: he allegedly told officers he got rid of the cellphone he was using because he was aware that it was being intercepted.
Mkhasibe said these “unprovoked, unsolicited utterances” during the search of Sibiya’s house give credence to the state’s evidence that the applicant “wiped clean the evidence” on his cellphone.
She added that the applicant’s behaviour demonstrates that he is likely to tamper with evidence.
“To my mind, the accused will go to any length and/or there is no end to what he will do to tamper with evidence that implicates him,” Mkhasibe said.
In his affidavit, Sibiya denied all allegations, saying they were “trumped up” and aimed to destroy his reputation and oust him as a deputy national commissioner.
He said the sexual intercourse with a minor was consensual.
Sibiya will remain behind bars at the Kgosi Mampuru II Correctional Centre until 24 November 2026, where he is expected back in court.