Court ruling sees Sibiya remain at home
Suspended Deputy National Commissioner Shadrack Sibiya’s appeal to overturn a stay-at-home order has been dismissed by the High Court in Pretoria.
The High Court in Pretoria on Tuesday dismissed Sibiya's application to review and set aside his stay-at-home order.
Police Commissioner Fannie Masemola placed Sibiya on a leave of absence in July after KZN's top cop, Nhlanhla Mkhwanazi, implicated him in alleged corruption.
Mkhwanazi claimed that Sibiya, apparently acting on instructions from Minister of Police Senzo Mchunu, removed some of the 121 case dockets which the KZN Political Killings Task Team was investigating.
Mchunu and Sibiya were also accused of interfering in high-profile cases.
But Sibiya lodged an urgent application challenging the order, which he labelled a disguised suspension.
Sibiya told the court that Masemola was biased against him and that the Madlanga Commission into wrongdoing in the criminal justice sector would be the appropriate body to ventilate the claims against him.
While Sibiya's attorney is adamant that the matter is not over, a legal expert, Sunil Singh, said appealing the outcome might be difficult.
" It sat before three judges for the decision to be made. For him to now appeal to a higher level means he has to go to the Supreme Court of Appeal. He has to first seek permission from the Supreme Court of Appeal to then prosecute the appeal in respect of the decision of the High Court.”
Masemola has not commented on the ruling, telling reporters on Tuesday that it was “a fragile matter”.
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