Shadrack Sibiya takes SAPS to court to stop disciplinary hearing
· The South African
Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya is fighting on two legal fronts, with the suspended police general now trying to stop a disciplinary hearing while he remains behind bars.
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Sibiya has approached the Labour Court in an urgent bid to halt the SAPS proceedings against him.
Police are opposing the move and insist the disciplinary process will continue.
Sibiya wants disciplinary process halted
Sibiya approached the Labour Court with an urgent application seeking to stop the internal proceedings against him.
His disciplinary hearing relates to corruption and misconduct allegations that emerged at the Madlanga Commission of Inquiry.
Proceedings started on Monday, 5 October, but were postponed at Sibiya’s request to allow him more time to consult his legal team. The hearing will resume on 12 October.
National police spokesperson Brigadier Athlenda Mathe said the Labour Court matter was also heard on Monday.
“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,” Mathe said.
SAPS pushes ahead with hearing
SAPS maintains that the Labour Court application has not brought the disciplinary process to a halt.
Mathe said proceedings would continue, with police opposing Sibiya’s court application.
SAPS previously served Sibiya with notice to appear at the hearing while he was in custody.
Police said arrangements could be made with Correctional Services for proceedings to take place at Kgosi Mampuru II if he remained behind bars.
Sibiya faces separate criminal case
Sibiya is meanwhile expected back in court on Wednesday as his bail proceedings continue.
He faces criminal charges, including rape, trafficking and the sexual grooming of a minor.
The Labour Court has yet to rule on his application.