Africa-Press – South-Africa. Deputy national commissioner for crime detection Lt-Gen Shadrack Sibiya has been asked to take leave of absence after explosive allegations made by KZN police commissioner Lt-Gen Nhlanhla Mkhwanazi.
Speaking to reporters in KZN, national police commissioner Gen Fannie Masemola confirmed that he asked Sibiya to take a leave of absence.
“He has been served with documents that he has to take leave while the process is under way. We don’t like to discuss details of our departmental processes, but he has been asked to stay home while other processes are unfolding,” Masemola said.
The national commissioner said they would be investigating allegations made against Sibiya, and declined to elaborate on what leave of absence meant.
Mkhwanazi alleged Sibiya obstructed justice, stalled investigations into political assassinations and organised crime and shielded politically connected suspects by taking control of more than 120 sensitive dockets. Mkhwanazi said that was done without the authority of the national or provincial commissioner.
Further allegations implicated the minister of police, suggesting links to controversial figures such as Vusumuzi “Cat” Matlala, who faces serious criminal charges but reportedly remains politically protected while benefiting from lucrative police contracts.
On Sunday President Cyril Ramaphosa announced that a commission of inquiry would be held to investigate the allegations and placed Mchunu on immediate leave.
Noting the news, police portfolio committee chairperson Ian Cameron said this is highly irregular as in policing, “leave of absence” and “suspension” mean very different things, and the distinction matters. He said when allegations of misconduct arise, the only lawful options under the regulations are “precautionary suspension or temporary transfer”.
“Regulations state: the employer may suspend a member on full pay if the member is alleged to have committed misconduct and the employer believes that the presence of the member at the workplace might jeopardise any investigation, or endanger the wellbeing or safety of any person or state property,” he said.
Cameron argued that the principle is fundamental — precautionary suspension exists specifically to protect the integrity of the investigation and the institution’s integrity, while ensuring due process.
By asking Sibiya to take “leave of absence,” the police are sidestepping their disciplinary code, he said.
“Leave of absence is not defined anywhere in the regulations and carries no procedural safeguards, no record of suspension and no formal triggering of an investigation. Why was suspension or temporary transfer not used? How will the investigation be protected against interference? Why disregard clear provisions of SAPS’s disciplinary code?”
Accountability depends on transparency and on applying the rules as written, he said, adding that leave of absence is not a lawful substitute for suspension.
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