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Sibiya disciplinary hearing hits fresh legal hurdle

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By Johnathan Paoli

The disciplinary proceedings against suspended Deputy National Police Commissioner Lt- Gen Shadrack Sibiya are continuing despite an urgent Labour Court application by his legal team, the South African Police Service said on Monday.

SAPS national spokesperson Brigadier Athlenda Mathe said the disciplinary process had not been halted, but confirmed that Monday’s hearing was postponed after Sibiya requested more time to consult his lawyers.

“The disciplinary hearing and the Labour Court proceedings are separate matters and have been running in parallel. The disciplinary hearing was heard today, with the applicant’s request for a postponement granted. The matter has been postponed to 12 October 2026 to allow him an opportunity to consult with his legal representatives in preparation for the hearing,” Mathe said.

The development comes as Sibiya’s lawyers challenge the disciplinary process in the Labour Court, arguing for the matter to be halted or postponed while they deal with his broader legal challenges.

Mathe said the urgent Labour Court application was also heard on Monday, but had not yet been decided.

“The urgent application before the Labour Court was also heard today and has been adjourned to allow SAPS to file its opposing papers and allow the applicant to file his replying affidavit before the matter can be heard by court,” she said.

“The Labour Court matter remains sub judice, and SAPS will therefore refrain from commenting on the merits of the matter,” Mathe added.

Sibiya’s legal team made an application in the Labour Court to delay or stop the disciplinary process while he deals with his criminal case and prepares his defence. They argue that he was not in a position to proceed while in custody.

He is reportedly facing multiple disciplinary processes within SAPS following allegations that emerged during the Madlanga Commission of Inquiry into alleged political interference, corruption and criminal infiltration of the police.

Sibiya approached the North Gauteng High Court last year in September over SAPS disciplinary steps, but the court held that the commission’s work and SAPS disciplinary process were distinct and could proceed independently, dismissing his application to halt the disciplinary proceedings.

The commission previously recommended that disciplinary action be taken against Sibiya following evidence concerning his alleged relationships with people linked to organised crime.

Among the allegations aired before the commission were claims concerning Sibiya’s alleged relationship with Vusimusi “Cat” Matlala and alleged links to the so-called Big Five criminal cartel.

Evidence before the commission included allegations that Sibiya received benefits from Matlala, including claims involving cash and impalas.

His disciplinary proceedings are separate from the criminal case currently before the Randburg Magistrate’s Court.

Sibiya was arrested on 21 September by the Madlanga Commission’s Recommendations Task Team and is facing charges including three counts of sexual grooming, human trafficking and rape.

A further firearm-related charge was also raised during his bail proceedings.

The sexual grooming allegations relate to a 16-year-old girl and allegedly occurred through electronic communications between July and August 2026.

The rape charge concerns an alleged incident in May 2026 involving an 18-year-old woman at a hotel in Sandton, while the human trafficking charge relates to alleged sexual exploitation involving three people.

Sibiya has denied the criminal allegations and claimed he is being persecuted.

His lawyers have also indicated that he faces three separate disciplinary notices within SAPS.

One process, conducted under the SAPS Regulation 9 expedited procedure, relates to allegations arising from the commission and was scheduled for Monday.

A separate disciplinary hearing is scheduled to run from 2 to 6 November and again from 10 to 20 November.

A third disciplinary notice was served on Sibiya while he was in custody at the Kgosi Mampuru II Correctional Centre on 30 September.

His lawyers said they need sufficient time to prepare for the various proceedings while dealing with Sibiya’s criminal case.

Monday’s postponement means the Madlanga-linked disciplinary hearing will now resume on 12 October, while the Labour Court will first consider SAPS’s opposing papers and Sibiya’s replying affidavit.

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