Suspended deputy national police commissioner Shadrack Sibiya will stay behind bars through the weekend after the Randburg Magistrate’s Court on Friday postponed his bail application to next Wednesday, October 7, pending proper translations of two audio recordings now central to the state’s opposition to his release.
Magistrate Hleziphi Mkhasibe set the new date after the recordings, played during proceedings, were folded into the evidence under consideration in Sibiya’s Schedule 6 bail application. The state argues the recordings support its concern that Sibiya could interfere with witnesses if freed, a contention advanced by investigating officer Detective Sergeant Nokukhanya Ndlovu, who has been testifying against bail.
Friday’s session continued with her cross-examination. The defence has challenged Ndlovu’s account on several fronts, including her description of the circumstances of Sibiya’s arrest at The Grand in Sandton on September 21. The state has characterised the venue as a strip club; the defence counters that Sibiya was arrested in the restaurant section and that the premises also include a separate hotel area.
The Grand also features in the state’s account of events involving three young women. Ndlovu told the court that Sibiya allegedly took the women to the Sandton venue, where they were given food and alcohol. She further testified that he allegedly told the venue’s management the group was celebrating a birthday, despite concerns about the group members’ ages.
Meanwhile, Sibiya’s legal team has pressed harder on the substance of the human trafficking case itself, questioning the role of a man referred to in court as Mr M. The defence argued that Mr M was involved in transporting the young women and asked why he has not been charged with human trafficking. The state continues to pursue the case against Sibiya.
One of the recordings before the court captures an exchange between Sibiya and the father of the 16-year-old complainant. The state presented it as part of its argument on possible witness interference. As the recordings played, the magistrate asked for proper translations before the bail proceedings could continue, a requirement that effectively set the timetable for the week ahead.
Beyond the criminal docket, Sibiya’s position within the South African Police Service is also in play. His lawyers told the court they intend to bring an urgent application to postpone a disciplinary hearing scheduled for October 5, arguing that there are multiple disciplinary notices relating to different matters and that Sibiya is not ready to proceed with Monday’s hearing while his criminal case is still before the court. If the postponement application fails, the defence has indicated it may approach the Labour Court.
For now, the question before the court is evidentiary rather than substantive: whether accurate translations of the recordings will support or undercut the state’s interference concerns. Until Wednesday, that question, and Sibiya’s liberty, remains on hold.