The Pretoria High Court is set to hear an urgent application on Tuesday from Deputy National Police Commissioner Shadrack Sibiya, who is challenging his recent suspension and fighting for immediate reinstatement.
Sibiya was placed on a leave of absence last month by National Police Commissioner General Fannie Masemola. The suspension follows serious allegations of misconduct levelled against Sibiya by KwaZulu-Natal Provincial Commissioner Lieutenant General Nhlanhla Mkhwanazi.
During a press briefing on July 6, Mkhwanazi implicated Sibiya in an alleged plot to disband the highly sensitive Political Killings Task Team. The task team was reportedly making significant progress, uncovering alleged links between criminal gangs, politicians, and members of the judiciary. Mkhwanazi also allegedly linked Sibiya to underworld kingpin Vusi “Khekhe” Mathibela.
Sibiya’s legal challenge, however, does not directly address the merits of these allegations. Instead, his argument centres on the procedure followed by Masemola in suspending him.
Sibiya’s application will be based on two primary grounds.
First, he is expected to argue that Commissioner Masemola acted outside his powers and violated the South African Police Service’s disciplinary regulations. Sibiya contends that the regulations require that a member be given a reasonable time to make written representations before a suspension decision is taken. His legal team will assert that the nine-day period between the allegations on July 6 and his suspension on July 15 was insufficient, rendering the process procedurally unfair.
Secondly, Sibiya questions the need for an internal SAPS investigation when President Cyril Ramaphosa has already announced the establishment of a formal commission of inquiry, headed by a judge, to probe the very same allegations. In a previous interview Sibiya argued that the internal process is a “parallel” and unnecessary investigation that usurps the president’s appointed commission.
“Why do we have parallel processes?” Sibiya asked in the interview. “Let these allegations be investigated by a neutral team… Why can’t you all subject ourselves to that process?”
The court will be asked to review and set aside Masemola’s decision, a process governed by the Promotion of Administrative Justice Act (PAJA), which requires that administrative action by the state must be procedurally fair.
In a further legal manoeuvre, Sibiya has applied for the case to be heard by a full bench of judges, arguing the matter is of significant public interest due to its high-profile nature. A decision on that request is expected before the main hearing begins.
The outcome of the case will have major implications for the leadership stability within the SAPS top brass and the ongoing investigation into alleged corruption links between law enforcement, politicians, and the judiciary.
