Top cop’s fate now in court’s hands

THE power struggle between Police Commissioner Fannie Masemola and Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya has had a direct and ripple effect on the morale and operational focus of members on the ground.

“When leadership is embroiled in public disputes or disciplinary challenges, it diverts attention away from the pressing task of fighting crime and building community trust. Members begin to feel uncertain about the stability of the organisation and question whether their daily sacrifices are matched by coherent, unified leadership.

"For officers already under immense pressure due to high crime levels, resource constraints, and safety concerns, such developments can be demoralising. They create a sense of disillusionment, where the leadership appears divided rather than collectively driving the strategic vision of the SAPS," said Police and Prisons Civil Rights Union (Popcru) spokesperson, Richard Mamabolo.

Masemola ordered Sibiya, his deputy, responsible for crime detection, to stay at home for intentionally disobeying his instructions regarding the disbandment of the KwaZulu-Natal political task team investigating high-profile murders.

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 turned to court on Wednesday for an urgent order to return to work after Masemola issued him with the stay-at-home order pending an investigation.

He also wants to interdict Masemola from instituting a process parallel to the judicial commission of inquiry into criminality, political interference, and corruption in the criminal justice system established by President Cyril Ramaphosa and chaired by retiring Justice Mbuyiseli Madlanga.

Arguing before the Gauteng High Court, Pretoria on Wednesday, Sibiya’s Advocate Kameel Premhid SC said Masemola’s stay-at-home order was a disguised precautionary suspension.

He also questioned Masemola’s claim that the order was given as to save Sibiya embarrassment while claims of misconduct were being investigated against him.

According to Masemola, the investigation has been concluded and an independent arbitrator will adjudicate in Sibiya’s disciplinary hearing.

But Premhid questioned why, if the investigation has been concluded, Sibiya is not allowed to return to the office.

Premhid argued that the terms and reference of the commission include recommending disciplinary procedures against those who are implicated in any wrongdoing. Thus, he said, there is no need for a disciplinary hearing as well.

Premhid told the court that Masemola will be part of the internal disciplinary proceedings against Sibiya if it was allowed to go ahead, which would be untenable, as Masemola will be both accuser, judge, and executioner.

He further argued that Masemola in any event did not have the powers in law to order Sibiya to stay at home. He conceded that the police chief has the power to discipline his members, but as this matter was not an ordinary employer/employee matter, Masemola acted outside his powers, the court was told.

While Premhid maintained that staying at home equalled suspension, he conceded following a question by Judge Norman Davis that this did not impact Sibiya’s salary, security, and other employment perks.

Advocate Fanus Coetzee, meanwhile, argued on behalf of Masemola that as chief of the SAPS, Masemola was perfectly entitled to order his second in command to stay home, while the allegations against him are being investigated and it would, in fact, be expected of the commissioner to do so.

He made it clear that Sibiya is not suspended and nor will he be prejudiced if the disciplinary hearing went ahead before an impartial adjudicator.

Coetzee said such a hearing should be expedited in light of the tense relationship between Masemola and Sibiya. The relationship must either be restored or ended, but they must know where they stand, Coetzee said.

Popcru has called for "transparent, fair, and speedy resolution of leadership disputes rooted in due process and without political interference".

Mamabolo said: "We believe that the focus should remain on service delivery, improving working conditions, and ensuring accountability at all levels, rather than prolonged internal battles. What we would like to add is that stability in the police service starts at the top. A divided leadership undermines discipline and direction. It is therefore crucial that the Ministry and SAPS management urgently restore unity and clarity, not only for the sake of organisational morale, but also for the safety and confidence of our communities."

Cape Times