By Lehlohonolo Lehana.
The embattled South African Police Service (SAPS) Deputy National Commissioner for Crime Detection, Lieutenant General Shadrack Sibiya, has launched an urgent bid in the Gauteng High Court in Pretoria to challenge his leave of absence.
Sibiya was asked to take a leave of absence, amid ongoing internal investigations.
He was accussed by the KwaZulu-Natal province, Gen. Nhlanhla Mkhwanazi, that him and suspended minister of police Senzo Mchunu had interfered with sensitive investigations.
The allegations led to president Cyril Ramaphosa announcing the judicial commision of inquiry to be headed by a acting chief justice Mbuyiseli Madlanga.
In his court papers, Sibiya argues that the internal probe cannot run parallel with the judicial commission of inquiry.
He said national commissioner Fannie Masemola’s decision-making was inconsistent and undermined the looming Madlanga-led commission.
He has revealed that his boss, Masemola, Mkhwanazi and Lieutenant-General Tebello Mosikili are being investigated for several serious criminal charges.
He said that they are under investigation by the Independent Police Investigative Directorate (IPID) and the Investigating Directorate Against Corruption (IDAC) for bribery, dishonesty, illegal rendition, torture and obstructing the ends of justice.
Mosikili is the deputy national commissioner responsible for policing while Sibiya oversees crime detection.
Sibiya has hauled the SA Police Service (SAPS), Masemola, acting police minister Gwede Mantashe and Ramaphosa as respondents in his application.
Sibiya accuses Masemola of relying on “untested allegations that came from a single source in a media briefing” and having “unjustified favour or inclination” towards the allegations. He argues that his suspension would obstruct the commission’s work and subject him to double jeopardy.
He is asking that the interdict be granted pending the conclusion of the commission announced by Ramaphosa early this month to probe the allegations made by Mkhwanazi and other matters part of its terms of reference and mandate.
Sibiya also indicated that his life is in danger and has received threats.
Sibiya maintains his innocence, accusing Masemola of bias and creating a “reasonable apprehension of bias” by taking decisions “in bad faith for an ulterior motive”.
Meanwhile Masemola has met with all nine provincial commissioners during a scheduled Board of Commissioners (BOC) meeting to discuss crime combatting efforts in the country.
The BOC is the highest decision making body of the SAPS inclusive of all Provincial Commissioners, Divisional Commissioners and the Acting National Head for the Directorate for Priority Crime Investigation(DPCI).
This follows reports that there are illegal military training camps on SA farms.
Masemola highlighted his satisfaction that organised crime syndicates in the country are being dismantled, dislodged, displaced and arrested.
He added that, commissioners agreed that both law enforcement agencies intelligence structures are on the ground to investigate the existence of such camps.
We assure all people living in South Africa that the safety and security of the people of SA is of paramount importance and anyone who is found to be in the country committing illegal acts will face the full might of the law.
“To this effect, intelligence structures and operatives are on the ground to establish facts. South Africans are urged not to panic or worry as police from both countries remain on high alert,” said Masemola.