A former deputy national commissioner of the South African Police Service will remain behind bars after the Randburg Magistrates’ Court denied him bail today on charges of rape, human trafficking and sexual grooming of a child.
Shadrack Mongo Sibiya (59) faces five charges, including rape, trafficking in persons, promoting the sexual grooming of a child and two counts of sexual grooming of a child.
Magistrate Hleziphi Mkhasibe ruled that Sibiya failed to show exceptional circumstances that would allow his release. The former senior police officer has been in custody at Kgosi Mampuru II Correctional Facility since his arrest on 21 September.
The state says Sibiya sexually groomed a 16-year-old girl through electronic messages between 20 July and 3 August this year. He also faces a rape charge linked to an alleged incident involving an 18-year-old woman at a Sandton hotel on 16 May. The trafficking charge involves three people.
Sibiya denies all charges and says the rape allegation involved a consensual encounter. His defence team argued that communications or material linked to the grooming charges were sent voluntarily.
Why the court said no to bail
Mkhasibe accepted the state’s argument that releasing Sibiya could put witnesses at risk. The court heard evidence suggesting the 16-year-old complainant and her father could face intimidation if he walked free.
The state presented an audio recording it says contains threats against the girl’s family, though Sibiya’s legal team disputed how the remarks should be understood.
The court also heard that a cellphone allegedly used in the communications had been wiped clean. The state claims Sibiya told the girl to delete their WhatsApp conversations, raising fears he would tamper with evidence if released.
“The court considered the vulnerability of the complainants and the potential risk of interference with evidence,” NPA spokesperson Kaizer Kganyago said.
The magistrate said the 16-year-old was particularly vulnerable to manipulation. She found that bail conditions like no-contact orders or cellphone bans could not be properly monitored, as Sibiya could use someone else’s device or get another phone.
Sibiya’s defence proposed R20 000 bail and pointed to his need for chronic medication and healthcare. But the court said he would get essential medical care through the prison hospital and that his personal circumstances did not outweigh justice concerns.
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What happens next
“The accused failed to discharge the onus of satisfying [the court] that the interests of justice permitted his release on bail,” Kganyago said.
The matter returns to court on 24 November for further investigation.
The NPA welcomed the bail decision. “The NPA remains committed to ensuring that cases involving allegations of sexual offences, trafficking in persons and the exploitation of children are prosecuted diligently,” Kganyago said.
“The decision to deny bail underscores the importance of safeguarding vulnerable complainants and protecting the integrity of the criminal justice process.”
The bail ruling does not determine guilt. The charges must be tested at trial, where the court will weigh credibility, admissibility of evidence and whether the state can prove its case beyond reasonable doubt.
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