Shadrack Sibiya appeals against refusal of bail

Sibiya challenges the decision of the Randburg magistrate's court, which refused him bail on 20 October. His lawyers say the magistrate and the state overlooked procedural irregularities, unlawful searches and backdated evidence. Sibiya was arrested on 21 September.

Sibiya says the arrest was a prosecutorially driven operation. His defence says investigators arrested him at premises different from the address in the warrant. It also says they obtained a second search warrant for unrelated offences, and that the search was unlawful.

The appeal says an exhibit presented as an affidavit dated 18 September 2026 is a recent fabrication. It also says the state did not have the document on that date. Sibiya's lawyers say the task team did not involve the Independent Police Investigative Directorate in matters within its jurisdiction.

Sibiya's defence says the alleged threat to the complainant's father is not in the voice recording or its transcript. His appeal says the facts do not meet the legal definition of human trafficking. It also says the magistrate wrongly treated the matter as falling under Schedule 6 of the Criminal Procedure Act.

Sibiya denies raping the 18-year-old woman and says the sexual encounter was consensual. The state opposed bail. It argued that the seriousness of the charges, and the risk of witness intimidation, interference with evidence and evading trial, justified keeping him in detention.