Suspended Deputy National Police Commissioner Shadrack Sibiya will return to the Randburg Magistrates’ Court on 29 September at 09:00 for his formal bail application.
Prosecutors have confirmed they will oppose his release.
Sibiya has been remanded at Kgosi Mampuru II Correctional Centre in Tshwane after being classified as a flight risk.
For more on the charges, read our report on Sibiya’s rape and grooming charges.
Sibiya, a prominent acquaintance of ActionSA leader Herman Mashaba, was arrested earlier this week.
He faces five criminal charges.
These include three counts of child sexual grooming involving a 16-year-old girl, one count of rape involving an 18-year-old woman and one count of human trafficking.
The state’s case on the grooming charges relates to alleged WhatsApp communication between Sibiya and the 16-year-old in July.
She is the child of an employee.
Prosecutors allege that Sibiya persuaded, seduced, induced, enticed or coerced her into providing material constituting child pornography via WhatsApp.
Police spokesperson Brigadier Athlenda Mathe said investigators have “overwhelming evidence” supporting the allegations.
Sibiya has not pleaded to the charges. He remains presumed innocent.
Sibiya faces severe penalties if convicted
The charges carry severe potential penalties if Sibiya is convicted.
Under the Criminal Law Amendment Act 105 of 1997, Section 51(1) provides for a mandatory minimum sentence of life imprisonment for specified aggravated sexual offences.
This includes certain rape cases involving victims under 18, as well as cases where an accused is convicted of two or more rape offences.
A court can depart from the prescribed sentence where substantial and compelling circumstances justify doing so.
The Prevention and Combating of Trafficking in Persons Act 7 of 2013 also provides for severe penalties for human trafficking convictions.
Section 13 provides for life imprisonment in serious cases, together with substantial fines.
The applicable sentence would depend on the specific findings made by the court if Sibiya is convicted.
The Mashaba connection and political fallout
Sibiya’s arrest has also brought renewed attention to his previous political links.
During Herman Mashaba’s tenure as Johannesburg mayor, Mashaba appointed Sibiya to head the City’s internal anti-corruption unit.
Mashaba has maintained that their dealings were strictly professional.
The appointment later came under scrutiny.
City official Mesuli Mlandu previously testified before Parliament that the appointment was unlawful.
Mlandu alleged that Mashaba signed a January 2017 report that bypassed formal recruitment procedures and placed Sibiya in a senior group head position.
He further argued that the mayor did not have the legal authority to make the appointment.
Mlandu also made a series of allegations about the administration’s spending and procurement.
These included R580 million in alleged irregular expenditure, R3.5 million in alleged fraud involving Mashaba and then-legal head Mbulelo Ruda, and R8 million allegedly spent on unvetted spy equipment.
The spy equipment claims later featured at the Madlanga Commission, where Sibiya strongly denied the allegations.
ActionSA has rejected Mlandu’s claims.
The party has maintained that the City administration acted within municipal law and has pointed to a 2020 Public Protector finding that it says cleared the appointment process of irregularity.
Intelligence raises escape and witness intimidation concerns
The decision to hold Sibiya at Kgosi Mampuru II followed intelligence received by the state.
NPA spokesperson Kaizer Kganyago said the information pointed to a possible escape if Sibiya were held at a Johannesburg facility.
“The state indicated that there was intelligence, that there is a possibility that he might escape in a case where he is put in a police station or at Johannesburg Central Correctional Service.”
The state then requested a seven-day postponement to prepare for the formal bail application, which prosecutors will oppose.
The case has also raised concerns about possible witness intimidation.
Kganyago said investigating officers would look into a voice note received on Tuesday afternoon in which witnesses were allegedly intimidated.
“It has been presented in court to say this is one of the reasons why the state wants to oppose bail because there is a belief that there will be interference.”
He said the alleged interference was believed to have already occurred by about 14:00 on Tuesday.
The NPA has not disclosed how many witnesses are involved in the case.
Kganyago explained that releasing the number could create a risk of people working together to identify and intimidate them.
He also reiterated the NPA’s commitment to prosecuting the case without fear or favour, regardless of the accused’s position or status.
Sibiya remains in custody at Kgosi Mampuru II.
He is due back at the Randburg Magistrates’ Court on 29 September at 09:00 for his formal bail application.
