Another twist in deep SAPS divisions

SUSPENDED deputy police commissioner, Lt-Gen Shadrack Sibiya is bolstering his fight to have his job back by pointing out the divisions between acting Police Minister Firoz Cachalia and police commissioner Fannie Masemola over the return of the dockets removed from the KwaZulu-Natal political task team investigating high-profile murders.

Masemola suspended Sibiya, his deputy, responsible for crime detection, for intentionally disobeying his instructions on the disbandment of the task team.

The task team is at the centre of the allegations of political interference in parts of the criminal justice system - claims that were made by KwaZulu-Natal provincial commissioner Nhlanhla Mkhwanazi.

Sibiya filed a supplementary affidavit following Cachalia's remarks regarding the decision to return 121 dockets to the political killings task team.

This was after Masemola reportedly told the media last week that the dockets were being returned from Sibiya’s office back to the task team.

Cachalia said the matter will be dealt with by the Madlanga Commission as the task team is at the centre of the claims of political interference within the criminal justice system.

The commission, chaired by retired Constitutional Court Justice Mbuyiseli Madlanga, was announced by President Cyril Ramaphosa following the allegations.

Cachalia, who requested a full report from Masemola regarding the decision, added that it is a concern that steps are being taken before the commission has had a chance to investigate the issues surrounding the task team.

Sibiya, who previously accused Masemola of obstructing the commission’s work by investigating him, on Sunday filed a supplementary affidavit to add Cachalia’s concerns regarding the processing of dockets.

“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 Minister expresses his concern about the national commissioner’s actions regarding the task team and the 121 dockets that it had handed over. He explains that the matters surrounding the task team form part of the issues that the commission is due to investigate,’’ read the supplementary affidavit.

Asked for comment, Cachalia, through his spokesperson Kamogelo Mogotsi, said he has no comment regarding the litigation between Masemola and Sibiya, adding that his relationship with Masemola is collegial.

Police spokesperson Athlenda Mathe also said she cannot comment on the matter that is before the court.

Sibiya in his supplementary affidavit, also added comments made by the Presidency in an article published by the City Press on Sunday.

According to the article, Ramaphosa questioned Masemola’s decision to remove the dockets from Sibiya’s office and that the dockets are at the centre of the impending commission.

Ramaphosa’s spokesperson Vincent Magwenya did not respond to messages and calls to confirm the President’s stance on the matter.

Sibiya said: “The national commissioner’s actions regarding the task team, the Minister’s consequent media statement as well as the response from the office of the President took place after pleadings in this matter had closed. These facts, therefore, could not have been included in any of the earlier affidavits,” he said, adding that the purpose of this affidavit was to bring the new facts to the attention of the Pretoria High Court.

Sibiya, who was asked to take leave of absence last month, was accused of conspiring with Police Minister Senzo Mchunu, who is also suspended, to disband the political killings task team.

In his application seeking to have the decision to suspend him set aside, Sibiya said Masemola should be barred from proceeding any “parallel processes” against him on all matters that may form part of the mandate of the commission. He said Masemola’s investigation against him will intrude on the commission’s terrain.

The hearing has been delayed after Sibiya's legal team requested the matter to be removed from the urgent court roll with the case being heard this month.

Cape Times