Shadrack Sibiya’s bail denied due to witness tampering fears

The bail application of former deputy national police commissioner Shadrack Sibiya has been denied and he will remain in custody.

This after Magistrate Hleziphi Mkhasibe refused his bail application as she said his release could put witnesses at risk and allow him to interfere with evidence.

Delivering her ruling at the Randburg Magistrate’s Court on Tuesday morning, Mkhasibe said the State had presented evidence pointing to a likelihood that Sibiya would attempt to influence witnesses, particularly a 16-year-old girl at the centre of the sexual grooming allegations; or destroy evidence that could implicate him.

READ MORE: Sibiya’ s alleged victims tell court they’re living in fear

The magistrate placed emphasis on allegations that Sibiya had wiped his cellphone, asked the child to delete their conversations and threatened a witness identified in court as Mr. M (father of the minor).

Mkhasibe said:

“The applicant’s behaviour demonstrates that he is likely to tamper with evidence.”

She added that the court could not impose a bail condition prohibiting Sibiya from using a cellphone because such a restriction would be difficult, if not impossible, to monitor.

“The court cannot impose a bail condition that the accused must not use a cellular phone,” she said, explaining that he could use a family member’s or friend’s phone, or obtain another device.

The magistrate said the alleged destruction of cellphone evidence, combined with the alleged threats against witnesses, weighed heavily against his release.

“To my mind, the accused will go to any length, and there is no end to what he will do to tamper with evidence that implicates him,” she said.

‘The victim is vulnerable’

The court also heard that the 16-year-old girl had initially concealed her interaction with Sibiya. The magistrate said the child’s vulnerability was compounded by her feelings of responsibility for potentially exposing her family to harm.

Mkhasibe found that these circumstances created a risk that Sibiya could attempt to influence the girl if released.

“There’s a likelihood that the applicant will attempt to influence the 16-year-old victim,” Mkhasibe said.

The magistrate also referred to evidence presented by the State concerning alleged threats against Mr. M and recordings that prosecutors said supported his account.

Mr. M had stated in an affidavit that Sibiya threatened to wipe his family, which he understood as a threat of harm. He told the court that he feared the threats could materialise.

Mkhasibe said the alleged threats and the destruction of evidence raised concerns about the proper administration of justice.

“The core objective of the justice system is to ensure that crime is investigated, the truth is found, and justice is served fairly,” she said.

Court acknowledges strength of state’s case

The magistrate said the State had presented evidence supporting its opposition to bail, but highlighted that the bail proceedings were not a trial and that Sibiya remained presumed innocent.

“I’m alive to the fact that the court must lean towards the liberty of the applicant, even if it’s alleged that the State has a strong case,” Mkhasibe said.

She added that the court could not make a provisional finding of guilt at this stage, as questions about the admissibility of evidence, the credibility of witnesses and the ultimate determination of guilt belonged before the trial court.

“The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant’s release on bail,” Mkhasibe said.

“As a result, bail is refused. The applicant is to remain in custody.”

The matter was postponed to 24 November 2026 for further investigations.

ALSO READ: Sibiya’s wife says alleged victim’s father asked for a family meeting after top cop’s arrest

Sibiya faces serious criminal allegations involving an 18-year-old woman and a 16-year-old girl. The State alleges that he raped the older complainant and sexually groomed the child. He has denied the allegations, maintaining that the sexual encounter with the older complainant was consensual and disputing the case against him.

The charges include rape, human trafficking and sexual grooming of a child.

Arrest and resignation

Sibiya was arrested on 21 September 2026 by members of the Commission’s Recommendations Task Team at The Grand Club in Rivonia, Sandton. He appeared in the Randburg Magistrate’s Court the following day.

His arrest came as Sibiya was already facing scrutiny over allegations aired before the Madlanga Commission of Inquiry, which is investigating alleged criminality, corruption and interference in the criminal justice system. Those allegations are separate from the sexual-offences case.

READ: Matlala says dodgy payments were funnelled to Sibiya via Sgt Fannie Nkosi

On 12 October, Sibiya resigned from the South African Police Service as disciplinary proceedings against him were under way. Police said his departure was treated as a dishonourable discharge because he resigned while facing an ongoing disciplinary case.

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