BL Premium reports that 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 national commissioner Fannie Masemola following his disbandment of an elite task team investigating political killings in KwaZulu-Natal.
According to Masemola, he had ordered a gradual dissolution of the unit, but his deputy effected an immediate disbandment. Sibiya approached the court to have the stay-at-home 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 SA Police Service (SAPS) procedures in issuing the order.
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. The court concurred and 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,” the court found.
- Read the full original of the report in the above regard by Sinesipho Schrieber at BusinessLive (subscriber access only)
- Read too, Gauteng High Court upholds stay-at-home order for Lieutenant-General Shadrack Sibiya, at IOL News
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