The Gauteng High Court in Pretoria on Tuesday dismissed Deputy National Police Commissioner for Crime Detection, Lieutenant-General Shadrack Sibiya’s urgent application to overturn a stay-at-home order, deepening the leadership crisis at the top of the South African Police Service (SAPS).
Sibiya had asked the court to declare the directive unlawful, insisting it amounted to a political purge. But Judge Thandeka Mbatha ruled that the order was both lawful and necessary, saying it protected the integrity of the police while sensitive investigations continue.
“The public must have confidence that the leadership of SAPS is beyond reproach. The applicant’s interests cannot override institutional stability,” Judge Mbatha said.
The ruling follows an extraordinary chain of events that began in July, when KwaZulu-Natal provincial commissioner General Nhlanhla Mkhwanazi made explosive claims during a media briefing. Mkhwanazi alleged that senior police leaders had interfered with politically sensitive dockets, particularly those linked to KwaZulu-Natal’s long-running wave of political killings.
Initially dismissed by some politicians as “grandstanding,” Mkhwanazi’s claims were later vindicated when several arrests were made in high-profile political murder cases. His disclosures triggered internal reviews, and by August, the fallout had reached the highest levels of the police service.
President Cyril Ramaphosa suspended Police Minister Senzo Mchunu, while national commissioner General Fannie Masemola instructed Sibiya to stay at home pending further notice. Both men have denied wrongdoing, but Mkhwanazi’s revelations are widely regarded as the trigger that brought them down.
Sibiya, a former Gauteng Hawks head long dogged by allegations of misconduct, argued that his suspension was retaliatory. His lawyers told the court that his removal was driven by internal factional battles rather than evidence of wrongdoing. But Judge Mbatha’s ruling reinforced the judiciary’s support for internal disciplinary measures at the highest levels of SAPS, leaving little room for optimism about his return to duty.
A legal analyst noted that the judgment leaves Sibiya’s career “hanging by a thread.” The analyst added: “This effectively confirms he has lost the trust of his peers and political principals. Even if he appeals, the damage is done.”
Civil society organisations welcomed the outcome. Thandiwe Nkosi of Corruption Watch said: “For decades, the police have been seen as untouchable at the top. This judgment shows that leaders can and must be held to account.”
The political consequences are equally significant. With Mchunu still suspended, President Ramaphosa faces pressure to stabilise the security cluster ahead of next year’s elections.
For Mkhwanazi, who was once accused of chasing headlines, the arrests that followed his July bombshell have positioned him as a central figure in the clean-up of SAPS.
Insiders say he has emerged stronger than ever, with his reputation bolstered by the perception that he spoke truth to power when others stayed silent.
For Sibiya, however, Tuesday’s judgment all but closes the door on his future in uniform.
