A South African court has denied bail to former Deputy National Police Commissioner Shadrack Sibiya, ruling that he failed to establish exceptional circumstances justifying his release and agreeing with prosecutors that he could pose a risk to witnesses.
The Randburg Magistrates Court delivered the ruling on Tuesday after considering arguments from the prosecution and the defence over the 59-year-old’s bail application.
Sibiya faces multiple charges, including the alleged rape of an 18-year-old woman, human trafficking and the alleged sexual grooming of a 16-year-old girl. He has denied the allegations.
The National Prosecuting Authority (NPA) welcomed the decision, saying it had successfully presented its case against granting bail.
“We are not talking about happiness. All we can say is that justice has been served,” NPA spokesperson Kaizer Kganyago said.
He said prosecutors had presented the relevant facts before the magistrate and were prepared to oppose any appeal against the ruling.
The prosecution had argued that Sibiya’s release could jeopardise witnesses and raised concerns that he might attempt to flee the country.
In her ruling, Magistrate Hleziphi Mkhasibe said evidence before the court suggested that Sibiya could go to considerable lengths to conceal evidence against him.
According to the allegations, Sibiya gave the 18-year-old complainant alcohol before she lost consciousness and was subsequently raped at a hotel in Johannesburg. Sibiya has maintained that the sexual encounter was consensual.
The former senior police officer resigned from the police service earlier this month following his arrest in September.
Beyond the criminal proceedings, Sibiya has also been implicated in a judicial commission of inquiry investigating allegations of corruption within South Africa’s police service and links between police officials and criminal networks.
At the inquiry, chaired by a retired judge, allegations have been made that Sibiya maintained close relationships with individuals linked to criminal networks and received substantial sums of money and gifts from them.
The bail ruling means Sibiya will remain in custody while the criminal case proceeds. The allegations against him have yet to be determined by a court at trial.
