- Sibiya challenges suspension linked to political violence investigation.
- Court decision reserved as tensions cast doubt on working relations.
The leadership of the South African Police Service (SAPS) is facing a major test after a heated legal battle between National Commissioner Lieutenant General Fannie Masemola and his deputy, Lieutenant General Shadrack Sibiya.
In the Pretoria High Court, where Sibiya is contesting his suspension, the two senior police officers were engaged in combat. The case has raised serious concerns about internal divisions at the highest levels of SAPS leadership.
Why Was Sibiya Suspended?
Sibiya’s suspension came after allegations by KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi, who accused him of plotting to dismantle a special team investigating political violence in the province.
Following these claims, Masemola ordered Sibiya to stay home while investigations unfolded. However, Sibiya’s legal team argued that Masemola had no legal authority to issue such an order.
Legal Arguments in Court
Sibiya’s lawyer, Advocate Kameel Premhid, told the court that Masemola acted unlawfully:
“Masemola is not allowed by law to order Sibiya to stay at home. The only body with the power to suggest discipline is a commission of inquiry.”
He also asked the court to block Masemola from taking further disciplinary steps until an independent commission completes its work.
On the other side, Advocate Stefan Coetzee, representing Masemola, argued that the commissioner could not wait indefinitely for the commission:
“Police work cannot stop. We don’t know when the commission will begin or how long it will take – it could be months or even a year.”
Strained Relations at the Top
While Coetzee told the court that it may no longer be possible for Masemola and Sibiya to work together, Sibiya expressed optimism after the hearing. Speaking to journalists, he said:
“I still respect Commissioner Masemola. I believe we can continue working together.”
Sibiya is also expected to appear before Parliament on 10 September to give evidence regarding Mkhwanazi’s allegations.
The court has reserved its ruling, leaving uncertainty hanging over the SAPS leadership.