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Corruption buster Shadrack Sibiya served with notice of intent to suspend him

After five years as head of Joburg's anti-corruption unit, Sibiya was told to provide a 'top secret' security clearance certificate from the state Security Agency

11 April 2022 - 19:20
Corruption buster Shadrack Sibiya has been served a notice of intention to suspend him.
Corruption buster Shadrack Sibiya has been served a notice of intention to suspend him.
Image: Thapelo Morebudi

The head of the City of Johannesburg's anti-corruption unit, Gen Shadrack Sibiya, has been served with a notice to place him on suspension after a lawyer's report that he was occupying his position without a 'top secret' security clearance certificate. 

Sibiya was issued with a notice to revoke his responsibilities on Monday after the municipality received a report highlighting his lack of a security clearance. 

In a letter sent to Sibiya, which TimesLIVE has seen, acting city manager Floyd Brink informed the corruption buster that his delegations would be withdrawn pending a determination by the municipal council on the report compiled by Tshiqi Zebediela Attorneys (TZ Attorneys). 

In the letter, Brink informs Sibiya that while a determination is being considered, he needs to submit to the city manager’s office “the original copy of the top secret security clearance certificate which you ought to have applied for and received from the state Security Agency (SSA). That you provide the city manager’s office with the formal authorisation from the state Security Agency which entitled you to procure and/or deploy intelligence gathering equipment within the jurisdiction of the City of Johannesburg.”

Brink further advises Sibiya that all investigation, recruitment and procurement reports, including access to any personal and important information, and documents of the city, should be authorised by the city manager’s office.

The decision to serve Sibiya with a notice to withdraw his delegations stems from a report submitted to City of Joburg mayor Mpho Phalatse and speaker of council Vasco Da Gama on March 8. Brink said the report’s evidence, findings, conclusions and recommendations must be tabled before council. 

Nthatisi Modingoane, the City of Johannesburg spokesperson, said he could not immediately say on the letter served on Sibiya.

TZ Attorneys found that Sibiya did not have the required security clearance and that as a result, he had had access to sensitive and classified documents as well authorising investigations and signed off investigation reports.  

The lawyers compiled the report after a range of allegations were made against Sibiya:

• Al Jama-ah raised allegations that Sibiya’s employment contract was irregular;

• He was appointed to a level of a Section 56 employee even though his appointment was not in line with the requirements of the relevant regulations governing the appointment of senior managers;

• Sibiya received preferential treatment when he was appointed because he was seen as a political appointment;

• Sibiya’s was unsuitable as per his competency assessment;

• He allegedly accessed sensitive and classified documents as well as authorised investigations without security clearance.

The report not only found that Sibiya’s appointment was fraught with alleged irregularities, but that Sibiya allegedly and unlawfully procured intelligence gathering tools without authorisation from the SSA and in contradiction of applicable legislation.

The report states that Sibiya’s appointment was completed without the compulsory competence assessment results. 

“The omitted competence assessment results indicate that Sibiya shows a relatively low level of cognitive skill and is of average level of learning potential. His performance on the numerical component places him in the below average and based on an integrated, holistic assessment of all of the results, it is clear that Shadrack shows a poor match to the requirements of the role of unit head: group security and investigations.”

Sibiya did not respond to requests for comment.

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