Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya has approached the Gauteng High Court, Pretoria, to challenge his suspension, alleging that Police Commissioner General Fannie Masemola admitted to breaching proper procedures in his suspension.

Sibiya’s suspension followed explosive allegations by KwaZulu-Natal police chief Nhlanhla Mkhwanazi, who accused him of stealing and concealing crucial murder case dockets. 

Mkhwanazi also alleged that Sibiya colluded with Police Minister Senzo Mchunu to dismantle the task team investigating political killings.

In his replying affidavit in the high court, Sibiya stated that Masemola breached police disciplinary regulations by instructing him to “stay at home” during the investigation without following proper procedures. 

Sibiya argues that Masemola should have allowed him to respond to the allegations before suspending him.

“In his answering affidavit, the commissioner conceded he did not comply with, or even have recourse to, the discipline regulations when he made the decision to instruct me to stay at home,” he said.

Sibiya mentions in court papers that Masemola has acknowledged making errors in the suspension process.

He claims Masemola suspended him without investigation, based on Mkhwanazi’s televised claims. 

Sibiya contends that Masemola is now attempting to justify his actions by citing constitutional powers, but this is invalid since Masemola has already acknowledged deviating from proper procedures.

He alleges that Masemola is unfairly playing multiple roles in his case: complainant, investigator, and decision-maker. 

He said Masemola’s undertaking to an independent person for a disciplinary hearing in due course will not cure the unlawfulness of the process.

He argued that Masemola has failed to establish that he has a cause to suspend him.

“He has effectively suspended me based on untested allegations which he heard in a media briefing and without providing me a mandatory opportunity to make representations. The disciplinary process is therefore immediately tainted,” he cited in court papers.

Sibiya said Masemola failed to discuss with him allegations that he instructed task team cases to be withdrawn and reassigned to the divisional commissioner, leading to investigation delays. 

He claimed that in his responding affidavit, Masemola seemed to retract his earlier assertion that Sibiya instructed the task team to withdraw dockets and hand them over to the divisional commissioner.

He stated that Masemola’s affidavit revealed the instruction to disband the task team came from the Minister of Police to the National Commissioner on January 2, 2025, and was then relayed to him on January 3, 2025.

The allegations against Sibiya involve claims that he directed the removal of political murder case files from a special task team, only to have them “buried” in his office. 

However, Sibiya maintains that he was simply following instructions from Masemola’s office when the task team was disbanded, and that Masemola is now attempting to deflect responsibility onto him.

Sibiya is seeking a court declaration that his suspension is unlawful and an order for Masemola to reinstate him to his position.

rapula.moatshe@inl.co.za

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