He faces four misconduct charges, including allegedly instructing that the political killings task team case dockets be withdrawn without authorisation,
Deputy National Police Commissioner for Crime Detection Shadrack Sibiya has been dealt another blow after his attempt to return to work failed.
This comes after a stay-at-home order issued by police commissioner General Fannie Masemola to his deputy has now been upgraded to immediate suspension due to allegations that he undermined investigations into political killings in KwaZulu-Natal (KZN).
Masemola placed Sibiya on a leave of absence in July, following a series of explosive allegations made by KZN Police Commissioner Nhlanhla Mkhwanazi earlier in that month.
Suspension
He challenged the leave of absence imposed by Masemola in court, but lost last week. Sibiya said he would be appealing the ruling in a higher court.
Masemola served Sibiya with the letter of suspension on Friday, citing four separate charges of misconduct relating to alleged interference with the political killings task team between January and July this year.
According to the suspension notice, Sibiya stands accused of “giving instructions that the case dockets of the political killings task team in KZN be withdrawn from the task team in [the province] to the divisional commissioner: detective and forensic services”.
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Contraventions
The document states that these instructions “resulted in the investigation of these case dockets having been hindered and/or delayed” and were allegedly “done without the knowledge and/or authorisation of the national commissioner”, according to City Press.
Masemola’s notice details that Sibiya allegedly contravened multiple sections of the Saps discipline regulations, including charges of defeating or attempting to defeat the ends of justice.
“You committed acts of misconduct which detrimentally affect the image of the Saps or bring the Saps into disrepute, and involve an element of dishonesty by acting contrary to the instructions of the national commissioner,” Masemola said.
As part of his suspension conditions, Sibiya has been ordered to immediately hand in his appointment certificate, access card and state equipment (including firearm, laptop and cellphone).
Political killings task team
The task team was established by President Cyril Ramaphosa in 2018 due to the escalation of politically related incidents in KZN.
Its purpose is to ensure perpetrators of politically related incidents in KZN are brought to book.
In its judgment last week, the court said Sibiya had not challenged any law or “state conduct” on constitutional grounds.
Instead, his claim was that Masemola had gone beyond his powers in a normal disciplinary process.
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‘Unfounded allegations’
The court also said Sibiya had made “overbroad and unfounded allegations” that Masemola was disregarding the judicial commission of inquiry led by former Constitutional Court (ConCourt) judge Mbuyiseli Madlanga by launching what the deputy commissioner called a “parallel investigation”.
Sibiya challenged his suspension, maintaining his innocence and claiming that Masemola’s decision was both unlawful and procedurally flawed.
Disciplinary regulations
He denied he was involved in the disbanding of the political killings task team.
Sibiya argued that Masemola failed to follow the proper disciplinary regulations by suspending him without first allowing him an opportunity to make representations.
He also claimed that Masemola’s decision was based on “untested allegations” from Mkhwanazi, and that his boss is biased, having acted as both a “complainant and decision-maker”.
ALSO READ: Sibiya says he still respects Masemola despite court battle over ‘stay-at-home’ decision
