Judgment reserved in Sibiya’s reinstatement bid

September 3, 2025 47

The High Court in Pretoria has reserved judgement in the urgent application brought by Deputy National Police Commissioner, Shadrack Sibiya, who is seeking to be reinstated after being placed on special leave.

Sibiya argues that National Police Commissioner, Fannie Masemola, acted beyond the scope of his lawful authority when he suspended him. His legal team has requested the court to interdict the decision, warning that they may be forced to challenge it through a broader legal review if the court rules against him.

Sibiya was placed on special leave after KwaZulu-Natal Police Commissioner, Nhlanhla Mkhwanazi, implicated him in alleged corruption within the South African Police Service (SAPS). He is accused of colluding with suspended Police Minister Senzo Mchunu to disband the task team investigating political killings in KwaZulu-Natal.

Advocate Kameel Premhid, representing Sibiya, contends that Masemola’s decision is both unlawful and without merit, arguing that it does not adhere to the rules governing precautionary suspensions. He further argued that the National Commissioner’s actions undermine the authority of the Madlanga Commission of Inquiry, which has been established to investigate the allegations of corruption in the police force.

“The precedence in this matter is squarely on the issue of the power of General Masemola to take the decision he [made]… This is a legal law issue and not a so called labour fairness issue. This is about something more fundamental and that is about whether or not the National Commissioner has the repository of the public power to do what he did and we submit that he didn’t,” says Prehmid.

While acknowledging that the Commissioner has the authority to manage his subordinates, Advocate Prehmid insisted that such power must be exercised within the legal framework of the policing ministry, which he argues, Masemola blatantly ignored.

In response, Advocate Stephanus Cotzee, representing Masemola, argued that proper protocol was followed and that Sibiya was merely instructed to stay at home. He maintained that the SAPS is a command-driven organisation, with Masemola as its most senior official, fully empowered to manage the service.

Advocate Coetzee dismissed claims of an unlawful suspension, saying the decision was not disciplinary in nature but was intended to protect the integrity of ongoing investigations related to the Madlanga Commission.

Despite the legal battle, Sibiya says hold no personal grudge against Masemola.

Speaking to Ynews, Sibiya says he should first be given a fair opportunity to respond to the allegations before any decision about his position is made.