By Johnathan Paoli
The Pretoria High Court has reserved judgment in the urgent application brought by suspended Deputy National Police Commissioner for Crime Detection, Lieutenant-General Shadrack Sibiya, who is seeking reinstatement after being placed on leave of absence by National Police Commissioner Fannie Masemola.
Sibiya, suspended in July following explosive allegations by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, argued that Masemola’s directive was “unlawful and unconstitutional,” claiming he had no authority to remove him without following the South African Police Service’s (SAPS) disciplinary procedures.
Representing Sibiya, counsel Kameel Premhid told the court on Wednesday that Masemola’s decision amounted to an unfair labour practice.
“The high-water mark of why the stay-at-home order is unlawful is because it did not comply with the mandatory disciplinary regulations that apply to such a decision. There is no ‘stay-at-home power’ in the regulations. Sibiya has a right to just administrative action and if there is no
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