NPA Investigates Further Allegations After Sibiya Is Denied Bail

The decision to refuse bail to former deputy national police commissioner Shadrack Sibiya marks a significant stage in the criminal proceedings against him, but it also highlights the investigative work that remains before the case can proceed to trial.

The National Prosecuting Authority (NPA) has confirmed that investigators are examining additional allegations involving the father of a 16-year-old girl at the centre of the case, as well as a recorded conversation between controversial socialite Serge Cabonge and the man identified as Mr M.

Speaking outside the Rand Magistrate’s Court on Tuesday, NPA national spokesperson Kaizer Kganyago said investigators were working to resolve outstanding issues identified during the bail proceedings.

The developments place renewed emphasis on the need to establish the facts surrounding the allegations, protect potential witnesses and ensure that the prosecution can present its case without interference.

Outstanding Questions Extend Beyond The Bail Ruling

Sibiya faces five charges, including rape, trafficking in persons, promoting the sexual grooming of a child and two counts of sexual grooming of a child. He denies the allegations and has described the charges as “trumped up”.

The state alleges that Sibiya raped an 18-year-old woman at a Sandton hotel on 15 May after she was given alcohol and lost consciousness. He is also accused of grooming a 16-year-old girl through WhatsApp between July and August, and possessing and sharing inappropriate images of the teenager.

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A further allegation is that he trafficked three people for sexual exploitation. These claims remain allegations to be tested through the criminal justice process.

The investigation has also expanded to examine the possible involvement of Mr M, the teenager’s father and an associate of Sibiya. According to Kganyago, investigators will establish whether Mr M possessed inappropriate images of his daughter and examine concerns raised about his role during the bail proceedings.

The court previously heard allegations that Mr M had supplied the images to Sibiya. The teenager reportedly told the court that she did not know how Sibiya had obtained them.

Sibiya’s legal team, led by senior counsel Estelle Killian, raised concerns about the father's involvement. Kganyago said the magistrate had repeatedly identified issues requiring further investigation.

“As you might have heard, on more than two or three occasions the magistrate was clear to say there are issues that need to be investigated further, and that will be one of the things that will be investigated,” he said.

The investigation will also examine an audio recording of a conversation between Cabonge and Mr M. In the recording, Cabonge allegedly claimed to have used police connections to help secure the withdrawal of criminal charges against the daughter of a man linked to the Madlanga Commission.

The commission has denied the allegation, stating that none of its commissioners had met Cabonge. The recording also reportedly contains claims about Sibiya’s associations with other women.

The allegations arising from the conversation have not been established as fact. Their significance will depend on what investigators can substantiate through evidence.

Bail Refusal Reflects Concerns About The Integrity Of Proceedings

Magistrate Hleziphi Mkhasibe refused Sibiya bail after finding that he had failed to demonstrate exceptional circumstances justifying his release.

In her ruling, she raised concerns about possible witness intimidation and the destruction of evidence. She also said the allegations appeared inconsistent with the principles and ethical standards Sibiya had undertaken to uphold as a police officer.

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

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

The ruling means Sibiya will remain in custody while the criminal case continues. It is not a determination of his guilt or innocence on the charges.

Kganyago welcomed the outcome on behalf of the NPA, saying the prosecution was satisfied that it had presented the necessary information to the magistrate.

“All we can say is that justice has been served,” he said.

“Our job as prosecutors is to put all the facts before the magistrate. We have succeeded in doing so, and the court has decided to deny him bail.”

Sibiya’s legal team is reportedly considering an appeal. Kganyago said the NPA would respond if the defence pursued that route, adding that the prosecution remained confident in the evidence presented during the bail proceedings.

Sibiya was arrested on 21 September by members of the Madlanga Commission’s Recommendations Task Team (CRTT) and appeared in court the following day. He submitted his resignation from the South African Police Service through his legal representative shortly after disciplinary proceedings began on 12 October.

The prospect of an appeal means the bail decision could face further legal scrutiny. However, the immediate priority for investigators remains completing the outstanding work and preparing the case for trial.

Protection Of Complainants Remains A Critical Consideration

The safety of the two complainants is another significant aspect of the proceedings.

The NPA confirmed that the 16-year-old girl was receiving protection through its women’s protection services. Kganyago said the state was also considering placing the 18-year-old complainant under witness protection, subject to an assessment of her circumstances and safety.

The consideration follows testimony by CRTT detective Nokukhanya Ndlovu, who said during cross-examination that both girls had sent messages expressing fears for their lives. Some messages also reportedly indicated that they might harm themselves.

These accounts underline the importance of assessing the complainants’ safety while the investigation and prosecution continue. Any protection arrangements will need to reflect the risks identified by the relevant authorities.

Witness protection and the investigation into potential interference are particularly important in a case where the magistrate has already raised concerns about possible intimidation and the destruction of evidence. Ensuring that witnesses can participate safely in proceedings is essential to allowing the court to assess the evidence fairly.

Kganyago said investigators were completing the remaining work needed before the matter could proceed to trial.

“We are tying up the last things that the investigating officers need to do, and then we will be ready to go for trial,” he said.

He added that the NPA hoped the process would proceed without unnecessary delays.

Sibiya is expected to return to court on 24 November, when the matter is due to resume following a postponement to allow further investigations.

The next stage will depend on investigators resolving the outstanding questions and the prosecution being ready to proceed. Until the allegations are tested in court, the distinction between accusations and proven facts remains fundamental to the case.