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Sibiya’s Legal Challenge Over Forced Leave Delayed as Case Removed from Urgent Roll

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Sifiso Mahlangu|Published

Lieutenant-General Shadrack Sibiya

Image: Bhekikhaya Mabaso/Independent Newspapers

Deputy National Police Commissioner Shadrack Sibiya’s legal battle to overturn his forced leave of absence has been delayed, after his legal team requested the matter be removed from the urgent court roll. The applicants are now seeking a special allocation for the case to be heard at a later date.

Sibiya had approached the courts after being ordered to step aside by National Police Commissioner Fannie Masemola. The instruction came amid mounting allegations of corruption involving senior police officials, including Sibiya. Masemola’s decision followed public accusations made by KwaZulu Natal Police Commissioner Nhlanhla Mkhwanazi, who named Sibiya among those allegedly implicated in corrupt activities within the police service.

In court papers, Sibiya denies any wrongdoing and argues that the directive for him to go on leave was both unlawful and procedurally flawed. He maintains that there was no proper disciplinary process followed and that the move was designed to tarnish his name and remove him from key duties.

Legal experts say the decision to withdraw from the urgent court roll suggests the matter may now take months to resolve, as it will need to be scheduled through a more formal application for a special hearing. It is unclear why Sibiya’s legal team opted for the delay, but insiders suggest it may be a strategic move to gather further evidence or refine their argument.

Meanwhile, tensions at the highest levels of the police command continue to escalate. The public feud between Commissioner Masemola and Sibiya has brought long-standing internal divisions to the surface, raising concerns about stability and leadership within the South African Police Service.

In a video clip circulating online under the title “Masemola and Sibiya go toe to toe,” the two senior officials appear visibly at odds during a heated exchange at a recent police briefing. While the content of the argument remains undisclosed, the video has intensified public interest in the case and added fuel to speculation about deep-rooted factionalism in the upper ranks of the police.

Commissioner Masemola has not commented publicly on the latest developments, but his office insists the decision to place Sibiya on leave was necessary in light of the seriousness of the allegations. He has repeatedly stated that any officer implicated in misconduct must step aside while investigations proceed, in line with government policy.

The Independent Police Investigative Directorate (IPID) has confirmed it is monitoring the case, although it has not said whether it has launched a formal investigation into the corruption allegations. Civil society organisations are also calling for transparency and due process.