The head of the City of Johannesburg’s (CoJ) anti-corruption unit, Gen Shadrack Sibiya, has gone on voluntary leave pending investigations into his conduct regarding allegations he unlawfully procured intelligence-gathering tools.
Sibiya’s absence from work comes as the State Security Agency (SSA) confirmed on Tuesday it had received a referral from the Office of the Inspector-General of Intelligence (OIGI) to investigate Sibiya’s alleged conduct in connection with a complaint laid by suspended CoJ acting city manager Floyd Brink.
Mava Scott, SSA spokesperson, said the matter was received by the office of the director-general and has been receiving attention.
The SSA’s move to investigate Sibiya stems from a complaint laid by Brink after he revoked Sibiya’s investigative powers as the head of the city’s corruption busting unit, Group Forensic Investigative Services (GFIS).
Mayoral spokesperson Mabine Seabe said Sibiya has been on leave since April 28 “to allow investigations to be conducted freely and without any perceived interference”.
Sibiya confirmed he took leave in light of the allegations and to allow those investigating the matter to do so without hindrance.
Sunday Times Daily has seen a responding letter, dated April 28 2022 from the OIGI to Brink, in which it also advises him to lay criminal charges with the police to investigate Sibiya.
This is the latest development in events triggered on April 11 when Brink sent Sibiya a notice to revoke his investigative powers after he alleged Sibiya had been occupying his role without a clearance certificate, and that he had allegedly signed off on the purchase of intelligence-gathering tools without authority from the SSA.
Brink sent Sibiya an additional letter on April 12 2022 reiterating his decision to revoke Sibiya’s powers, while emphasising Sibiya was not facing the prospect of suspension.
However, CoJ executive mayor Mpho Phalatse wrote a letter to Brink on April 15 2022 and ordered him to reinstate Sibiya’s investigative powers.
Brink dug in his heels and refused to comply.
He approached the OIGI for intervention, leading to his complaint being referred to the SSA.
Sibiya has approached the South Gauteng high court in a bid to have his investigative powers reinstated.
In court papers, Sibiya has asked the court to suspend both letters sent to him by Brink and immediately grant him his powers.
Sibiya also sought the court’s assistance to interdict Brink, his officials and any other person(s) acting on his behalf “from interfering with or intervening in GFIS and the third applicant’s ability and entitlement to exercise their powers and perform their duties in terms of their mandate”.
Sibiya also asked the court to review and set aside the report titled “Document review report: allegations and irregular and unlawful conversion of the appointment and conditions of services of Mr Sibiya and other related procurement and intelligence gathering irregularities”, which formed the basis for the revocation of Sibiya’s powers.
In his application, Sibiya asked the court to review and set aside Brink’s “decision to withdraw the applicant’s (Sibiya’s) delegations and to place control and authority of GFIS in his hands, as contained in the letters issued by him on April 11 and 12 2022.”
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