NPA To Investigate Teen’s Father And Serge Cabonge Recording In Shadrack Sibiya Case

The National Prosecuting Authority (NPA) says investigations into the case against former deputy national police commissioner Shadrack Sibiya are at an advanced stage, with further enquiries planned into the role of a teenage complainant’s father.

Investigators will examine whether Mr M, the father of the 16-year-old girl, possessed inappropriate images of his daughter and how the images allegedly came into Sibiya’s possession. The announcement followed the Randburg Magistrates’ Court’s decision to deny Sibiya bail on Tuesday.

Shadrack Sibiya Case: NPA To Investigate Teenager’s Father

NPA spokesperson Kaizer Kganyago said investigators would examine concerns raised during the Shadrack Sibiya case, including allegations that Mr M may have been in possession of inappropriate images of his daughter.

The court previously heard that the teenager did not know how Sibiya had obtained the images. Sibiya’s defence team, led by senior counsel Estelle Killian, also questioned Mr M’s role in the matter.

Kganyago said the magistrate had indicated several times that certain aspects required further investigation. The NPA intends to establish the relevant facts before the matter proceeds to trial.

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“As you might have heard, on more than two or three occasions the magistrate was clear to say there are issues that need to be investigated further, and that will be one of the things that will be investigated,” he said.

The NPA will also examine an audio recording of a conversation between controversial socialite Serge Cabonge and Mr M. During the conversation, Cabonge allegedly claimed he had used his police connections to help secure the withdrawal of criminal charges against the daughter of a man linked to the Madlanga Commission. The commission has denied the allegation, stating that none of its commissioners had met Cabonge.

Shadrack Sibiya Bail Ruling: State Prepares For Possible Appeal

The Shadrack Sibiya bail ruling means the former police officer will remain in custody while investigations continue. Sibiya faces five charges, including rape, trafficking in persons, promoting the sexual grooming of a child and two counts of sexual grooming of a child. He has denied the charges, describing them as “trumped up”.

The State alleges that Sibiya raped an 18-year-old woman at a Sandton hotel on 15 May after she was allegedly given alcohol and lost consciousness.

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He is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August, as well as possessing and sharing inappropriate images of the teenager. The State further alleges that he trafficked three people for sexual exploitation.

Welcoming the bail decision, Kganyago said the prosecution was satisfied with the outcome. He said the State had presented its evidence and would respond if Sibiya’s legal team challenged the ruling.

“All we can say is that justice has been served,” he said.

“Our job as prosecutors is to put all the facts before the magistrate. We have succeeded in doing so, and the court has decided to deny him bail.”

Kganyago added that the NPA was prepared to deal with any appeal lodged by the defence.

“We will always be ready to deal with whatever it is. Justice has to be served in its totality,” he said.

“If they feel they need to appeal this matter, they can do so, and we will then respond.”

Magistrate Hleziphi Mkhasibe ruled that Sibiya had failed to demonstrate exceptional circumstances justifying his release. She raised concerns about possible witness intimidation and the destruction of evidence, and said the allegations appeared to conflict with the ethical standards Sibiya had sworn to uphold as a police officer.

“The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant’s release on bail,” she said.

“As a result, bail is refused and the applicant is to remain in custody.”

Shadrack Sibiya Investigation Includes Witness Protection Measures

The Shadrack Sibiya investigation also includes enquiries into the recorded conversation between Cabonge and Mr M, as well as other issues raised during the bail proceedings.

The NPA confirmed that the 16-year-old complainant was receiving protection through its women’s protection services. Authorities are also considering placing the 18-year-old complainant under witness protection, depending on an assessment of her safety.

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Detective Nokukhanya Ndlovu of the Commission’s Recommendations Task Team previously testified that both complainants had sent messages expressing fears for their lives and, at times, indicating that they might harm themselves. Kganyago said investigators were completing outstanding work before the case could proceed to trial. The NPA hopes the remaining steps can be completed without unnecessary delays.

“We are tying up the last things that the investigating officers need to do, and then we will be ready to go for trial,” he said.

Sibiya resigned from the South African Police Service (SAPS) through his legal representative shortly after disciplinary proceedings began on 12 October. His criminal case has been postponed to 24 November to allow investigators to complete further enquiries. He will remain in custody following the court’s refusal to grant him bail.