Sibiya’s lawyer says complainant’s suicidal thoughts should not alone decide bail

Shadrack Sibiya, once the deputy national police commissioner, is currently facing charges of sexual grooming, human trafficking, rape, and firearms control act violation. The Randburg Magistrate’s Court heard the state’s closing arguments against his bail request on Thursday, 15 October 2026.

Prosecutor Velile Makasana argued that Sibiya’s defense strategy, which focused on challenging the strength of the prosecution's case, was ineffective. According to the Criminal Procedure Act (CPA), specifically Section 60(11)(a), an accused charged with a Schedule 6 offence must prove that exceptional circumstances warrant their release on bail. Makasana pointed out that the defendant failed to demonstrate on a balance of probabilities that an acquittal was likely.

The prosecutor highlighted several admissions made by Sibiya during the proceedings, including sexual intercourse with an 18-year-old and distributing pornographic material of a 16-year-old. These admissions, Makasana argued, undermined the effectiveness of the defense’s strategy, as it now left the defendant responsible for proving their case weak, a burden they had not met.

While the defendant denies the allegations, the alleged victims have expressed fear for their safety if Sibiya were released. The state's solicitor assured that the investigation is at an advanced stage and the court is expected to deliver its judgment on 20 October 2026.