Uphill battle for Sibiya as State lays ‘very strong’ case in rape, trafficking scandal

Suspended Deputy National Police Commissioner Shadrack Sibiya faces an uphill battle for bail, with the State describing its case against him as “very strong” and laying out disturbing details of allegations including rape, trafficking of persons and the sexual grooming of a child.

Appearing at the Randburg Magistrates’ Court on Thursday, 1 October 2026, Sibiya heard the investigating officer, Detective Sergeant Nokukhanya Ndlovu, give evidence opposing his release on bail, using eyewitness accounts, WhatsApp messages and video clips.

In one of the WhatsApp messages now before court, Sibiya reached out to a 16-year-old girl enquiring about something he had been promised. Minutes later, he was sent an explicit four-minute video to which he responded, “This is so hot. I want more.”

Another explosive allegation contained in Ndlovu’s affidavit relates to an outing involving four girls who were driven to a hotel, where the State alleges some of the offences later took place.

The court heard that Mr M (father of the 16-year-old), who previously worked as Sibiya’s protector, drove the four girls to the hotel in a bakkie belonging to Sibiya before leaving them there. Mr M’s daughter was not one of the girls he drove to the hotel.

SAPS IN CRISIS

The State versus Shadrack Sibiya — unpacking the explosive rape, grooming, human trafficking charges

September 23, 2026

According to the State, it was at the hotel that some of the alleged offences took place, including one of the girls, referred to in court as MC, losing her virginity after she passed out and woke up in pain and with blood stains.

Before this, Sibiya had allegedly asked the girl to “twerk” for him and at the point when she refused, he gave the girls more alcohol.

“He told them to participate in a drinking game called dare or double-dare,” Ndlovu said.

The State further alleges that Sibiya was left alone in the hotel room with MC while the other girls attended to another woman who was vomiting, and that he remained with her for almost 30 minutes before leaving the room.

‘She is very nice’

According to the investigating officer, Sibiya allegedly commented on MC’s virginity after emerging from the room. “Meaning this girl was still a virgin, o monate, meaning, she is very nice.”

MC is expected to testify that she experienced pain when she woke up and noticed vaginal blood spots. The State said the trial would also have to deal with why she initially did not want to open a case after allegedly realising that the suspect was a senior member of SAPS.

The investigating officer told the court that on counts one, two and three, the State would rely on the evidence of Z, who allegedly witnessed Sibiya’s actions, while her father, Mr M, was the first person she told about the allegations.

“The cellphone evidence is in the form of WhatsApp messages which clearly show the exact times of the communications, the dates, and clear content of such communications,” the investigating officer said.

“This form of credible and relevant evidence will be used during the trial, and it will be unshakeable.”

Case strong, says State

“The case against the applicant is very strong,” Ndlovu said, pointing to eyewitness accounts, WhatsApp messages, cellphone records and other evidence contained in her affidavit.

She opposed Sibiya’s release on bail, saying there were reasonable grounds to believe he could interfere with witnesses and that he was well connected, including at national level. The State also raised concerns that he could evade arrest because of the serious nature of the charges.

Ndlovu referred the court to section 60(4) of the Criminal Procedure Act, which sets out circumstances in which the interests of justice do not permit an accused person to be released on bail, including where there are grounds to believe that an accused may endanger the safety of the public or a particular person, interfere with witnesses or commit a Schedule 1 offence.

The court also heard that Mr M was well known to Sibiya because he had previously worked for him, and that Sibiya allegedly contacted him while the inquiry was being converted into a formal docket, asking: “What are you busy with?”

Alleged interference

The court also heard a recorded telephone conversation allegedly involving Sibiya’s friend, Bishop Azwihangwi Maumela, in which Maumela allegedly pretended to be a police officer while contacting people connected to the case.

According to Ndlovu, the call was allegedly made after Sibiya’s arrest in Sandton and formed part of the State’s evidence of possible interference with the complainants.

The investigating officer told the court that Maumela not only allegedly presented himself as a police officer during the call, but also contacted Mr M and enquired about the identities of the victims because he allegedly wanted to speak to them.

TOP COP IN THE DOCK

Sibiya’s grand fall from grace — from directing dockets to sex predator accused

September 24, 2026

The evidence is likely to form part of the State’s argument that there were concerns about what could happen if Sibiya were released on bail, particularly given the alleged attempts to make contact with people connected to the investigation.

Sibiya’s son, who deposed an affidavit, confirmed that Maumela had informed him that he reached out to the victims, but with not much success. He said he had done so of his own accord and was not instructed by him, his father or any member of the family.

Another battle with SAPS

While Sibiya is fighting to secure his release in the criminal case, his legal team is also challenging a fresh disciplinary process brought against him on Wednesday by the SAPS.

The latest disciplinary notice was served on Sibiya while he was behind bars. It requires him to appear before a disciplinary hearing within seven days.

This is separate from another disciplinary hearing already scheduled for 5 October 2026.

Sibiya’s lawyer Rishaad Moosa, also a witness in the case, said the timing of the latest disciplinary process was significant because his client was already in custody and preparing for the criminal case.

He questioned how Sibiya could focus on the criminal case while dealing with the existing and newly instituted disciplinary processes.

“How is he able to focus on the pending criminal matter and an existing disciplinary proceeding and a fresh disciplinary proceeding where he’s actually called upon to appear in person?” Moosa asked.

The State questioned why the disciplinary process had been brought into the bail application, arguing that it was a separate employment matter that should be dealt directly with the SAPS.

The court also questioned the defence about whether it should approach Sibiya’s employer over the issue.

Moosa said the defence had already done so, and had written to the relevant official seeking specific undertakings.

“I have dispatched a letter to the relevant official calling for specific undertakings… If those undertakings are not provided, then we will, separate to these proceedings, have to enforce Mr Sibiya’s rights in that respect,” Moosa said.

The bail proceedings will continue on Friday, 2 October 2026. DM