Deputy commissioner for crime detection Shadrack Sibiya. (X)
Deputy national commissioner for crime detection Shadrack Sibiya began his testimony before parliament’s ad hoc committee investigating police corruption on Monday with a formal objection to the participation of two members he said are complainants in criminal cases against him.
“I’m advised that I will proceed, but I must indicate that I do so under protest because I will be participating in a process that could be tainted,” Sibiya said, after consulting his legal team, having argued that the MPs in question should recuse themselves.
After brief deliberations off camera, the committee decided Sibiya should continue with his testimony. His conflict complaint will be discussed in the ad hoc committee’s meeting on Wednesday after consultation with the speaker of parliament.
The committee is investigating allegations by KwaZulu-Natal commissioner Nhlanhla Mkhwanazi about the infiltration of the criminal justice system by criminal syndicates. The committee’s inquiry is separate from that of the Madlanga commission established by President Cyril Ramaphosa to investigate Mkhwanazi’s claims.
After testifying at the Madlanga commission, Mkhwanazi appeared before the ad hoc committee and repeated allegations that Sibiya had carried out suspended police minister Senzo Mchunu’s directive to disband a task team investigating political killings and transfer 121 dockets to police headquarters.
Sibiya is the first of those implicated in wrongdoing by Mkhwanazi to respond to his allegations. Mchunu is expected to testify before the ad hoc committee later in the week.
Mchunu’s chief of staff Cedrick Nkabinde told journalists last week that national police commissioner Fannie Masemola had ordered a search and seizure at his house to destroy evidence that disproves the allegations.
Democratic Alliance (DA) MP Lisa-Maree Schickerling laid a charge against Sibiya and Mchunu in July, after Mkhwanazi’s testimony about the alleged illegal transfer of the 121 documents. The case alleges the pair committed fraud and contravened parliamentary rules by lying about their relationship with North West businessman and former ANC member Brown Mogotsi.
uMkhonto weSizwe (MK) party MP David Skosana also opened a case against Sibiya — of obstruction of justice and tampering with evidence through the alleged unlawful redirection of case dockets. MK claims Sibiya “defeated the ends of justice”, and possibly committed fraud or forgery, if the letter for the disbandment of the political killings task team was unauthorised or falsified.
Sibiya’s lawyers said the search warrant executed at his home last week referred to Schickerling and Skosana’s court filings as justification for the warrant.
The DA replaced Schickerling with an alternate member.
However, the MK party refused to follow suit, arguing that Skosana had not opened the case in his personal capacity but as a representative of the party.
“This is not about me. This is not a private matter. The MKP opened a case. Refusing me the right to engage Sibiya would mean it’s wrong for a political party to open a case against officials,” Skosana said.
Another MK MP, Sibonelo Nomvalo, said the evidence leader had not presented a valid legal basis for Skosana’s recusal.
“On the question of a conflict of interest, it does not arise at this point because Skosana is not a witness before this committee. He went to the police on behalf of the MK party, not on behalf of his family. It means you are saying the MK party must be reduced,” Nomvalo said.
He said the situation differed from that of DA MP Dianne Kohler Barnard, who was mentioned by name in Mkhwanazi’s earlier testimony. He said the MK party argued for Kohler Barnard’s recusal because allegations were levelled against her by a witness. In this case, MPs had opened a criminal case against Sibiya before he was a witness for the ad hoc committee.
ANC MP Ndumiseli Ntuli welcomed the DA’s decision to withdraw its member because of the pending court case and possible conflict.
“Notwithstanding the fact that the court case may be a party case, rather than an individual one, the mere fact that the member happens to participate in that case with one of our own suffices to show they’ve taken the correct decision,” said Ntuli, adding that the ANC viewed the DA’s decision as a matter of moral judgment and fairness.
“Our view, as the ANC, is that this decision may not depend entirely on legal principles but on fairness in how we interact with witnesses,” he said.
Ntuli suggested referring the issue of conflict of interest to parliament’s legal team while allowing Sibiya’s testimony to continue.
DA MP Glynnis Breytenbach agreed that the conflict of interest discussion should be postponed, saying her party simply wanted the proceedings to continue, hence its replacement of Schickerling with an alternate member.