Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya is challenging the disciplinary action being pursued against him as he simultaneously fights a separate criminal case in court.
Sibiya has approached the Labour Court on an urgent basis, seeking an order to stop the South African Police Service from proceeding with its internal disciplinary hearing.
SAPS, however, is opposing the application and has indicated that it intends to continue with the disciplinary process while the legal challenge is being considered.
Disciplinary Hearing Centres on Madlanga Commission Allegations
The internal proceedings against Sibiya are linked to allegations of corruption and misconduct that emerged during the Madlanga Commission of Inquiry.
His disciplinary hearing began on Monday, 5 October, but did not proceed as planned after Sibiya requested a postponement to give his legal representatives additional time to consult with him.
The hearing has been postponed until 12 October.
The Labour Court application was also heard on Monday, although no final ruling was issued.
SAPS Given Time to Oppose the Application
National police spokesperson Brigadier Athlenda Mathe confirmed that the Labour Court matter had been adjourned.
She said SAPS would now file its opposing papers before Sibiya has an opportunity to respond through a replying affidavit.
The matter will then return before the court for further consideration.
The postponement means that Sibiya’s request to halt the disciplinary process remains unresolved.
Police Insist Internal Proceedings Will Continue
Despite Sibiya’s urgent court application, SAPS maintains that the disciplinary process has not been suspended.
The police service is opposing his application and intends to proceed with the hearing according to the revised timetable.
Authorities had already served Sibiya with notice requiring him to attend the disciplinary proceedings while he was in custody.
SAPS also indicated that arrangements could be made with Correctional Services to hold the hearing at Kgosi Mampuru II if Sibiya remained detained.
Sibiya Is Also Fighting a Criminal Case
The Labour Court challenge is only one part of the legal battle facing the suspended police general.
Sibiya is expected to return to court on Wednesday as his bail proceedings continue in a separate criminal matter.
He faces serious charges that include rape, trafficking and the alleged sexual grooming of a minor.
The criminal allegations remain before the courts and have not been proven against him.
Two Legal Battles Unfold at the Same Time
Sibiya’s situation therefore involves two separate legal processes.
The Labour Court matter concerns whether SAPS should be allowed to continue with its internal disciplinary proceedings, while the criminal case involves allegations that are being dealt with through the criminal justice system.
The outcome of the Labour Court application could determine whether the disciplinary hearing proceeds as planned, but it does not determine the criminal charges against Sibiya.
For now, the police service is pressing ahead with its internal case, while Sibiya continues to challenge the disciplinary process and seek bail in his separate criminal matter.
Court Decision Still Pending
The Labour Court has not yet ruled on Sibiya’s urgent application.
Until the court makes a determination, SAPS maintains that its disciplinary proceedings remain active, with the hearing scheduled to resume on 12 October.
At the same time, Sibiya’s bail proceedings are expected to continue in the criminal case, leaving the suspended police general facing simultaneous legal battles on different fronts.
