State raises witness safety concerns as Sibiya’s defence challenges detention

State raises witness safety concerns as Sibiya’s defence challenges detentionThe state has opposed former deputy police commissioner Shadrack Sibiya’s release on bail, citing concerns about the safety of two complainants, while his defence disputes the alleged risk to witnesses and says his continued detention is affecting his finances and trial preparationAmahle Banda14 OCT 2026, 18:373 min readShareFacebookXLinkedInWhatsAppEmailFormer deputy national police commissioner Shadrack Sibiya’s defence has challenged the state’s arguments against his release on bail, disputing claims that he poses a risk to witnesses while arguing that his continued detention is affecting his finances and his ability to prepare for trial.The arguments were presented in the Randburg Magistrate’s Court on Wednesday, as Sibiya’s three-week bail hearing moved towards its conclusion.The state has opposed his release, citing concerns about the complainant’s safety and the risk of interference with witnesses.One of the central issues is an alleged threat against the father of the 16-year-old girl, identified in court as Mr M, who was previously close to Sibiya and worked as his bodyguard and driver.The state alleges that Sibiya threatened to “wipe out” Mr M’s family after learning that a case had been opened against him. Sibiya has denied making the threat.During closing arguments, defence lawyer Estelle Killian said her client denied uttering the words attributed to him and challenged the interpretation of the alleged conversation.The prosecution has also relied on evidence concerning WhatsApp communications between Sibiya and the minor, alleging that explicit messages exchanged between 20 July and 3 August 2026 form part of its case that the teenager was groomed. The defence has challenged the state’s allegations and the conclusions it draws from the evidence. The state’s case also concerns an alleged rape on 16 May 2026. The 18-year-old complainant alleges that she was raped by Sibiya during an outing involving him and other women.Evidence during the bail hearing described how the group went to The Grand, a strip club in Sandton, before the alleged incident at a hotel. The complainant alleges that she was given alcohol before losing consciousness and that Sibiya raped her. He disputes the allegation, which remains to be determined at trial.The court also heard concerns about possible witness interference. The state played recordings of conversations involving Sibiya’s associates discussing plans to meet the 18-year-old complainant. The defence has denied that Sibiya sought to intimidate witnesses or interfere with the case.On Wednesday, state prosecutor advocate Velile Makasana read victim impact statements from both complainants, outlining their fears if Sibiya is released on bail.The 18-year-old said she had been living in fear since the alleged incident. “Day in and day out, I am living under constant fear to the extent of being suicidal,” she said in her statement.She also expressed concern about the possibility of further harm if Sibiya were released, saying she had suffered enough and feared what might happen next.The 16-year-old complainant, who is under witness protection, said the prospect of Sibiya’s release heightened her anxiety. She expressed concern about her family’s safety, referring to the alleged threats against her father.Sibiya’s defence has argued that his continued detention is placing financial pressure on him and his dependants and making it more difficult for his legal team to prepare for the criminal proceedings.Lawyer Amanda Nel told the court that the lengthy bail hearing, together with disciplinary proceedings that continued until Monday, had placed considerable strain on Sibiya’s finances.Nel argued that legal fees were depleting his resources and detention was complicating consultations between Sibiya and his lawyers, who needed to obtain instructions and prepare case documents.She also argued that the seriousness of the charges did not automatically exclude bail and that the court should weigh all the circumstances against the interests of society.The state maintains that the allegations and concerns about witness safety weigh against Sibiya’s releaseShareFacebookXLinkedInWhatsAppEmailRelated Topicscrime and courtssapsjustice systemsouth africaMentionsShadrack SibiyaRandburg Magistrate's CourtEstelle KillianVelile MakasanaAmanda NelThe Grand