Suspended deputy national police commissioner Shadrack Sibiya is fighting on two legal fronts to remain in the South African Police Service as he faces a disciplinary process and a criminal case in which he is seeking bail on sexual-related charges.
The Labour Court has postponed Sibiya’s disciplinary hearing until 12 October to allow him to consult a legal representative.
He is due back in the Randburg Magistrate’s Court on 7 October to continue his bail application.
The sexual offences case comes as Sibiya faces mounting allegations before the Madlanga Commission, which is investigating corruption, criminality and political interference in the police.
Sibiya has been accused of ordering the removal of 121 case dockets from the Political Killings Task Team after alleged criminal kingpin Vusimuzi “Cat” Matlala was arrested.
He has conceded that he met Matlala while acting as national police commissioner after Matlala sought assistance over his R360-million Medicare24 contract, which has been the subject of allegations of irregularity.
Further allegations before the commission are that Sibiya received regular payments from Mpumalanga taxi boss Jotham “King Mswazi” Msibi.
Sibiya has denied wrongdoing. He has accused the Commission’s Recommendations Task Team of abusing its powers and targeting him as part of internal battles in the police.
The disciplinary proceedings, which relate to allegations of complicity with criminal networks, are continuing despite Sibiya’s criminal case.
SAPS spokesperson Brigadier Athlenda Mathe confirmed that the disciplinary process had not been halted. The SAPS had initially planned to hold the hearing at Kgosi Mampuru Correctional Facility in Pretoria if Sibiya remained in custody.
“If he is still in custody, we will then organise with correctional services to allow that particular hearing to sit down in Kgosi Mampuru,” Mathe said.
It is understood that Limpopo provincial commissioner Jan Scheepers will preside over the disciplinary process.
Sibiya faces three separate disciplinary notices in the SAPS, relating to different sets of allegations. One of the hearings is scheduled to run from 2 to 6 November and again from 10 to 20 November.
“The disciplinary hearing and the labour court proceedings are separate matters and have been running in parallel,” Mathe said.
Sibiya had been due to face the disciplinary process on 5 October but approached the Labour Court urgently for a postponement while he pursues bail in the criminal case.
The court adjourned the urgent application to allow the SAPS to file opposing papers and Sibiya to file a responding affidavit.
Mathe said the SAPS could not comment on the merits of the Labour Court proceedings because the matter was sub judice.
“The Labour Court [matter] remains sub judice, and the SAPS will therefore refrain from commenting on the merits of the matter,” she said.
Sibiya’s criminal case is before the Randburg Magistrate’s Court, where he faces six charges, including rape, human trafficking, sexual grooming of a 16-year-old girl and negligent handling of a firearm.
He remains in custody at Kgosi Mampuru after the state raised concerns that he could escape if he were held at a police station.
During the bail proceedings, Sibiya’s lawyer, advocate Estelle Killian, told the court that the defence was preparing an application to postpone the disciplinary process because Sibiya was not in a position to proceed with it while dealing with the criminal case.
The two cases put Sibiya’s future in SAPS and his freedom at stake, with the disciplinary process examining allegations linked to criminal networks while the criminal case determines whether he will remain behind bars as the prosecution proceeds.