Court Tells Deputy Police Commissioner Shadrack Sibiya to Stay Home Amid Probe

Pretoria showdown

Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya has been told to remain at home after the Gauteng High Court dismissed his urgent application to return to work. The ruling, delivered in Pretoria, is a major setback for the embattled top cop, who also faces a cost order.

Sibiya had rushed to court after Police Commissioner Fannie Masemola directed him to “stay at home” pending an internal investigation. He wanted the court to overturn the order and block Masemola from running disciplinary processes alongside the judicial commission of inquiry into alleged corruption and political interference in the criminal justice system.

The commission, established by President Cyril Ramaphosa and chaired by retired Acting Deputy Chief Justice Mbuyiseli Madlanga, is widely viewed as a test of government’s willingness to clean up law enforcement.

The court’s reasoning

In his 34-page judgment, Judge Norman Davis dismissed Sibiya’s arguments, ruling that Masemola acted within his authority.

Sibiya’s legal team claimed the instruction amounted to an unlawful “precautionary suspension” not recognised under SAPS regulations. But Judge Davis disagreed, noting that the order did not affect Sibiya’s salary, employment status, or benefits.

“The instruction was neither seen nor implemented as a suspension. It did not impact on the applicant’s remuneration, employment or security,” the judgment reads.

The judge further stressed that disciplinary proceedings and the commission’s inquiry are separate processes: “Simply put, the disciplining of the applicant and the work of the commission are two separate things.”

Sibiya’s claims of bias rejected

Sibiya had also accused Masemola of bias and argued that only the commission should be allowed to handle allegations against him. Once again, the court pushed back. Judge Davis ruled that the commission is not a tribunal or court of law and therefore cannot substitute a disciplinary process.

On fears of “double jeopardy,” the court was blunt: because the commission cannot hand down disciplinary sanctions, there is no risk of being punished twice.

Ultimately, Davis concluded that Sibiya had “not established a prima facie right” to halt disciplinary proceedings and that his claims rested on “self-constructed rights” without legal basis.

What this means for SAPS

For South Africa’s already embattled police service, the ruling underscores deep tensions within its senior leadership. The stay-at-home order suggests Masemola is intent on asserting authority, while Sibiya’s legal challenge reflects the internal divisions that have plagued SAPS for years.

On social media, reactions were split. Some South Africans praised the judgment as a sign of accountability, while others voiced frustration at yet another scandal involving the top ranks of the police. One X user remarked: “How can we fight crime when the cops are fighting each other?”

A moment of reckoning

Beyond the legal technicalities, the ruling highlights the bigger issue: public trust in the police. The commission into corruption and political interference was born out of long-standing concerns that SAPS leadership has been compromised by factional battles.

For now, Sibiya will remain at home while the internal probe runs its course. Whether the case leads to real accountability or just another chapter in SAPS’s troubled history, remains to be seen.

{Source: IOL}

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com