A high-ranking South African Police Service (SAPS) official, Lieutenant General Shadrack Sibiya, is asking the Pretoria High Court to overturn his suspension. He claims National Police Commissioner General Fannie Masemola violated official discipline regulations by ordering him to “stay at home.”
The dispute began in July when Masemola instructed Sibiya to take a leave of absence. This followed serious allegations from KwaZulu-Natal police commissioner Lieutenant General Nhlanhla Mkhwanazi, who accused Sibiya of improperly taking over sensitive dockets from a political killings task team.
In his court filing, Sibiya argues that the commissioner did not follow the legally required disciplinary procedures for SAPS members. He states that Masemola has conceded in his own court response that he did not use the official discipline regulations when issuing the order.
Sibiya contends that this admission makes the suspension decision unlawful and a breach of his employment contract. He claims Masemola is attempting to justify the action by claiming constitutional authority, rather than following established rules.
Furthermore, Sibiya accuses the national commissioner of running a biased process, acting as the complainant, an involved party, and the decision-maker. He states he was suspended based on untested allegations presented in a media briefing without being given a mandatory chance to respond.
Sibiya denies the core allegation, stating that any instructions he gave regarding the task team came directly from the national commissioner’s office. He claims Masemola is now backtracking and trying to distance himself from the disbandment process, which shows Sibiya’s rights are being prejudiced.
The court is now tasked with deciding whether the police commissioner is entitled to bypass standard disciplinary procedures.
