A full bench of the Pretoria high court on Tuesday dismissed deputy police commissioner Shadrack Sibiya’s application to return to work.
Sibiya was ordered to stay at home by his boss, national commissioner Fannie Masemola, following his disbandment of an elite task team investigating political killings in KwaZulu-Natal.
Masemola said he ordered a gradual dissolution of the unit but his deputy effected an immediate disbandment.
Sibiya approached the court to have the order declared unlawful and to interdict Masemola from undertaking disciplinary action against him pending the conclusion of the commission of inquiry into allegations of criminal infiltration of the justice system.
His lawyer, advocate Kameel Premhid, told the court the commissioner failed to follow SAPS procedures in issuing the order.
In reply, Masemola said he ordered his deputy to stay at home after he disobeyed his instructions in dissolving the task team.
Advocate Stefan Coetzee, acting for Masemola, argued the order was not a disciplinary action and therefore the commissioner was not required to follow the SAPS policy in barring Sibiya from work.
Judge Norman Davis, with judges Graham Moshoana and Nomonde Mngqibisa-Thusi concurring, dismissed Sibiya’s application with costs.
“The commissioner has a constitutional duty and obligation to exercise control over and manage the police service. He would be failing in his duties if he were not to act against officers who fail to comply with orders,” Davis said.
“The court declines to grant a declaratory order as claimed by the applicant and finds that the applicant has not satisfied the requirements for an interim order. Neither of the two sets of relief can therefore be granted.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.