National police commissioner Gen Fannie Masemola has accused Shadrack Sibiya, his deputy responsible for crime detection, of intentionally disobeying his instructions regarding the disbandment of the KwaZulu-Natal political task team investigating high-profile murders.
The high court in Pretoria will on Tuesday hear Sibiya’s court application against the SA Police Service (SAPS) challenging his “stay at home” order by Masemola for dissolving the political killings task team.
The disbandment of the team, under the directive of former police minister Senzo Mchunu on December 31, is at the heart of the establishment of a commission of inquiry to probe allegations of criminal infiltration in the security cluster. The commission is chaired by former acting deputy chief justice Mbuyiseli Madlanga.
In July, KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi alleged the team was disbanded when it was close to exposing suspects behind high-profile murders in Gauteng.
Sibiya, in his court papers, contended he disbanded the team according to an instruction from Masemola’s office.
The national commissioner is aware the instructions regarding the political killings task team did not emanate from me
— Shadrack Sibiya, deputy national police commissioner
“The national commissioner is aware the instructions regarding the political killings task team did not emanate from me. The instructions regarding the task team were issued to the national commissioner by minister Mchunu,” Sibiya said in court papers.
“He, in turn, conveyed the instruction to me during January 2025. I did not withdraw dockets from the task team or cause investigation delays.”
He further argued there is no provision in the SAPS policy that supports Masemola’s decision. He maintained his “stay at home” order was unfair because it was based on Mkhwanazi’s untested allegations.
Sibiya wants the court to set aside Masemola’s decision until the commission furnishes its report on its hearings.
Masemola, in his rebuttal, said he did not make the decision based on Mkhwanazi’s allegations. It was because Sibiya disobeyed him by instituting the immediate disbandment of the task team.
“The applicant [Sibiya] informed me the task team should be closed down similarly to the Scorpions. I told him it would be irresponsible,” Masemola said.
He said he only approved a gradual dissolution of the team.
“The initial plan was that the dockets under investigation would go to the provincial or stations. The dockets on court rolls would stay with the task team. There was never a plan that the dockets would go to the head office in Pretoria.”
Masemola contended that despite his directives, Sibiya disbanded the team and directed it to hand over dockets to the head office.
“It came to my attention that contrary to my direct instructions, the applicant proceeded to give directives and instructions to the task team to immediately hand over dockets to the head office and the redeployment of members.
“The effect of the handover was that the dockets were removed from investigators and they remained dormant at head office without any plans for their future investigations.
“It appeared to me the applicant might have deliberately ignored instructions, which necessitated an investigation as to his intentions and motives in the disbandment of the task team.”
Masemola denied he acted unlawfully but conceded the “stay at home” order is not specifically articulated in the SAPS policy for employees. He also denied the allegations linking Sibiya to a controversial murder accused, Vusimuzi Matlala, were false.
Mkhwanazi alleged Mchunu and Sibiya were associated with Matlala, who was arrested by the task team in Gauteng last year. Earlier this year, the SAPS cancelled a R360m tender awarded to Matlala.
“The investigation against the applicant [Sibiya] in relation to his association with a person being investigated, namely Matlala, is of a sensitive nature and the subject of ongoing investigations.
“I deny the allegations [that Sibiya is associated with Matlala] are false and irrational, but do not wish to interfere with the investigation processes by disclosing the state of the investigation,” Masemola said in his affidavit.
This will be a crucial part of the probe by the Madlanga commission.
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.