Johannesburg – South Africa’s Deputy National Police Commissioner for Crime Detection, Shadrack Sibiya, has launched a court challenge against National Police Commissioner Fannie Masemola over what he says was an unlawful decision to place him on leave.
The dispute began in July when Masemola directed Sibiya to step aside pending investigations into allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi. Mkhwanazi accused Sibiya of corruption and claimed he dismantled the South African Police Service’s political killings task team. Sibiya has denied any wrongdoing.
On Wednesday, the Gauteng High Court in Pretoria heard arguments from Sibiya’s legal team. His lawyer, Advocate Kameel Premhid, told the court that the decision was procedurally flawed and violated labour law. He said police regulations did not give Masemola powers to place an officer on “stay-at-home” leave without following due process.
“The substantive prayer that Lieutenant-General Sibiya seeks from this court is an interdict to prevent prospective disciplinary decisions and, in the alternative, he seeks a suspension of any disciplinary decisions that have been taken,” Premhid submitted.
The defence also raised questions about the overlap between internal disciplinary action and the judicial commission of inquiry into the criminal justice system, chaired by retired Constitutional Court judge Mbuyiseli Madlanga. Premhid said the commission, appointed by the president, was the proper body to determine whether Sibiya should face disciplinary steps.
He added that Masemola could not preside over a case in which he was personally implicated. “A conflicted party can’t sit as the judge in their own cause,” he argued.
At the centre of the dispute are 121 criminal dockets from the disbanded political killings task team. Mkhwanazi claimed Sibiya locked the files away at police headquarters in Pretoria, but Premhid countered that the dockets would be handled by the Madlanga commission, which was tasked with assessing officials’ conduct rather than investigating cases.
Speaking outside court, Sibiya said he had confidence in the judiciary and would respect its ruling. He added that he was prepared to present his version of events before both the Madlanga commission and Parliament’s ad hoc committee.
Despite the court battle, Sibiya insisted that his relationship with Masemola had not broken down. “The last time I met with my boss, we were on good terms. I still respect the national commissioner. I am a disciplined member of the police and will subject myself to his authority,” he said.
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