Former deputy national police commissioner Shadrack Sibiya is fighting to secure his release from custody after launching an appeal against the decision refusing him bail.
The appeal follows an October 20 ruling by the Randburg Magistrate’s Court, where Magistrate Hleziphi Mkhasibe concluded that Sibiya had failed to demonstrate exceptional circumstances justifying his release.
His legal team has consistently maintained that the charges against him are trumped up and form part of a wider effort to damage his reputation and remove him from his position in the South African Police Service (SAPS). Sibiya is currently being held at Kgosi Mampuru II Correctional Centre in Pretoria.
Defence challenges bail decision
Sibiya lodged his appeal papers on Tuesday, November 3, challenging the magistrate’s decision. According to reports, the defence believes the magistrate misdirected herself when considering the evidence and circumstances presented during the lengthy bail proceedings.
The NPA has confirmed that it received the appeal documents and intends to oppose the application. Sibiya was arrested on September 21, 2026, and faces charges arising from allegations involving an 18-year-old woman and a 16-year-old girl.
The charges include rape, human trafficking and sexual grooming. Sibiya denies the allegations and has indicated that he intends to plead not guilty.
Lawyers describe charges as trumped up
During the original bail proceedings, Sibiya’s legal representatives strongly criticised the prosecution’s case. His lawyer, Advocate Estelle Kilian SC, argued that the charges and the manner in which the State pursued the case amounted to an abuse of power.
She questioned the inclusion of the human trafficking charge, arguing that the State had presented its evidence in a way that made it difficult for the defence to prepare adequately. When the magistrate asked whether the defence considered all the charges trumped up, Kilian confirmed that this was their position.
Sibiya has also maintained that the allegations are intended to destroy his reputation and undermine his ambitions within the police service. The State, however, has rejected the defence’s position and maintains that its case is strong.
C-Max detention raises concerns
Sibiya’s conditions of detention also became an issue during the earlier bail proceedings. His lawyers argued that his confinement in the C-Max section of Kgosi Mampuru II Correctional Centre was making it difficult for him to consult with his legal representatives.
The defence requested that he be transferred to another facility or accommodated in different conditions to improve access to his lawyers. The court ruled that he would remain at C-Max but directed that arrangements be made to facilitate consultations.
The defence also raised concerns about his confinement and his ability to prepare adequately for the proceedings.
Why the magistrate refused bail
When refusing bail on October 20, Magistrate Mkhasibe cited concerns about possible witness interference and the alleged destruction of evidence. The court considered allegations that Sibiya had wiped information from his cellphone and instructed the teenage complainant to delete conversations.
The magistrate also expressed concern about the potential risk to the complainants if Sibiya were released. The defence had offered R20,000 bail and proposed strict conditions, including restrictions on contacting witnesses and surrendering his passport.
However, the court concluded that the proposed conditions would not sufficiently address the risks identified by the prosecution.
NPA prepares to oppose appeal
The NPA has confirmed that it will oppose Sibiya’s latest legal challenge. The appeal could become another important stage in a case that has attracted national attention because of Sibiya’s former senior position in the police service.
He resigned from SAPS on October 12 while disciplinary proceedings against him were under way. His departure was classified by the police service as a dishonourable discharge. For now, Sibiya remains in custody as the legal process continues. The appeal will determine whether the decision refusing him bail should stand or be overturned. The criminal allegations have not been proven at trial, and Sibiya remains presumed innocent.
Shadrack Sibiya bail appeal
6 November 2026 – Sibiya remains in custody
The former deputy police commissioner remains detained at Kgosi Mampuru II Correctional Centre while his appeal against the refusal of bail is pending.
4 November 2026 – Appeal confirmed
SABC News reported that Sibiya had filed an appeal in the Johannesburg High Court against the Randburg Magistrate’s Court decision. The defence argues that the magistrate misdirected herself.
3 November 2026 – NPA prepares opposition
The NPA confirmed that it had received the appeal documents and would oppose the application.
20 October 2026 – Bail refused
Magistrate Hleziphi Mkhasibe refused bail, citing concerns about witness interference and possible evidence tampering.
2 October 2026 – C-Max detention challenged
Sibiya’s lawyers raised concerns that his detention conditions were affecting consultations. The court directed that arrangements be made to facilitate access to his legal representatives.