Suspended SAPS deputy Shadrack Sibiya cites rift between Cachalia and Masemola in court fight

Suspended deputy police commissioner Lt-Gen Shadrack Sibiya is strengthening his legal battle to return to office by pointing to divisions within the South African Police Service (SAPS) leadership.

Sibiya, who headed crime detection, was suspended by national commissioner Fannie Masemola for defying instructions to disband the KwaZulu-Natal political killings task team. The unit is central to allegations of political interference in the criminal justice system raised by KZN commissioner Nhlanhla Mkhwanazi.

Clash over murder dockets

At the centre of the dispute are 121 dockets previously removed from the task team. Masemola recently said the files were being returned from Sibiya’s office to the investigators.

But acting Police Minister Firoz Cachalia publicly questioned the move, saying the matter should be left to the Madlanga Commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga. The commission was set up by President Cyril Ramaphosa to probe interference claims.

Cachalia requested a full report from Masemola and warned against steps that could undermine the inquiry.

Sibiya’s affidavit

Sibiya filed a supplementary affidavit highlighting Cachalia’s remarks and citing them as evidence that Masemola acted prematurely.

“In the media statement, the Minister of Police intervenes against the national commissioner, who is continuing to take managerial decisions and actions on matters that must be investigated by the commission,” the affidavit reads.

Sibiya also referenced a City Press report quoting the Presidency as questioning Masemola’s decision to move the dockets.

Presidency and SAPS remain quiet

Presidential spokesperson Vincent Magwenya did not respond to requests to confirm Ramaphosa’s stance. Cachalia, through his spokesperson, declined to comment on the court case. Police spokesperson Athlenda Mathe also said she would not comment on a matter before the court.

Legal challenge ahead

Sibiya argues that Masemola’s investigation against him amounts to a parallel process that intrudes on the commission’s mandate. He has asked the Pretoria High Court to set aside his suspension.

The case has been delayed after Sibiya’s legal team requested its removal from the urgent roll, with a hearing expected later this month.

{Source: IOL}

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