Court Rejects Shadrack Sibiya’s Suspension Appeal Amid Tender Scandal

Court Rejects Shadrack Sibiya’s Suspension Appeal Amid Tender Scandal

When Shadrack Sibiya, Deputy National Police Commissioner for Crime Detection of South African Police Service filed an urgent motion to overturn his removal, the Pretoria High Court threw the case out as moot on 9 September 2025. The ruling means the former deputy’s bid to reclaim his post is effectively dead‑ended, and the suspension that sparked the legal fight now sits squarely on the table of a pending disciplinary hearing.

Background to the Suspension

The saga began in March 2025 when SAPS placed Sibiya on leave amid whispers of misconduct. The situation escalated on 15 July 2025, when a formal "stay‑at‑home" order was issued, effectively barring him from his duties while an internal investigation proceeded. The order, announced in a terse internal memo, set the stage for a high‑profile showdown between the police hierarchy and a deputy commissioner who refused to step aside quietly.

During that period, the National Intervention Unit of SAPS raided Sibiya’s residence, seizing a laptop and "three or four" cellphones. Sibiya’s counsel, Ian Levitt, immediately dismissed the seizure as a "wild goose chase" and argued that the devices contained nothing incriminating.

Legal Challenge and Court Ruling

Determined to fight what he called an "unlawful" ban, Sibiya turned to the courts. He argued that the stay‑at‑home order violated his constitutional right to fair labour practices. Justice Zoleka Qodashe presided over the case. After a brief hearing, the bench concluded that the legal dispute had been overtaken by events: once SAPS formally confirmed the suspension, the earlier order was effectively nullified, rendering Sibiya’s claim moot.

"The applicant’s challenge is no longer justiciable because the institution has moved beyond the relief sought," the judgment read. The decision didn’t comment on the merits of the allegations, but it closed the door on Sibiya’s immediate hope of reinstatement.

Allegations and Tender Irregularities

The courtroom drama unfolded against a backdrop of explosive accusations from KwaZulu‑Natal Provincial Police Commissioner Lieutenant General Nhlanhla Mkhwanazi. In a televised briefing on 6 July 2025, Mkhwanazi alleged that a R360 million SAPS tender for security equipment had been awarded to alleged drug‑cartel figure Vusimuzi ‘Cat’ Matlala in 2024.

Mkhwanazi claimed that the tender was cancelled by National Police Commissioner Fannie Masemola on 13 May 2025 – just one day before Matlala was arrested for an alleged attempted murder. The commissioner also produced screenshots of WhatsApp chats allegedly linking Matlala’s financier, Brown Mogotsi, to Police Minister Senzo Mchunu. In those messages, Mogotsi is said to have urged Mchunu and Sibiya to "interfere and suppress" investigations.

The alleged communications also hinted at payments funneled to ANC political activities, suggesting a quid‑pro‑quo network where police officials might have turned a blind eye to criminal enterprises in exchange for political patronage.

Responses from Police Leadership

Commissioner Masemola swiftly labeled the claims as "unsubstantiated," but did not dismiss the need for a disciplinary process. "We will conduct a fair hearing while the deputy remains on suspension," she told reporters on 12 July 2025. The statement tried to balance the need for accountability with the principle of due process.

Minister Mchunu, speaking from his office in Johannesburg, denied any personal involvement, calling the accusations "politically motivated" and urging the public to let the investigative bodies do their work.

Meanwhile, Sibiya, flanked by Levitt, addressed a crowd of supporters outside his home in Pretoria in late September. "I will not resign. They must fire me," he declared, adding that the timing of the raid had traumatized his family.

Implications for SAPS and South African Politics

The court’s dismissal does not erase the cloud of suspicion surrounding the tender scandal. Analysts note that the case sits at the intersection of law enforcement integrity and ANC internal dynamics. If the alleged WhatsApp chats are verified, they could trigger a parliamentary inquiry into the misuse of police resources for political ends.

Furthermore, the episode underscores the frailty of SAPS’s internal governance. The rapid succession—from leave to stay‑at‑home order to formal suspension—has raised questions about procedural fairness and the influence of senior officials over disciplinary outcomes.

Looking Ahead

With the legal avenue closed, Sibiya now faces a disciplinary hearing that could result in dismissal, reinstatement, or a negotiated settlement. The hearing, scheduled for early 2026, will likely examine the tender documents, the seized electronic devices, and the contested WhatsApp messages.

For the broader police reform agenda, the case could become a catalyst for tighter oversight of procurement processes. Advocacy groups have already called for an independent audit of all SAPS tenders awarded since 2022.

Frequently Asked Questions

What were the main reasons behind Shadrack Sibiya’s suspension?

Sibiya was first placed on leave in March 2025 amid rumours of involvement in a R360 million tender irregularity. The situation escalated when a formal stay‑at‑home order was issued on 15 July 2025, citing potential conflicts of interest tied to alleged communications with Brown Mogotsi and possible interference in investigations into drug‑cartel figure Vusimuzi ‘Cat’ Matlala.

How does the court’s ruling affect the pending disciplinary hearing?

The dismissal on mootness grounds merely ends Sibiya’s attempt to reverse the suspension via the courts. It does not prevent the SAPS disciplinary panel from proceeding. The hearing will still assess the alleged tender misconduct, the seized electronic devices, and any proven links to political actors.

What evidence links Senzo Mchunu and Brown Mogotsi to the tender scandal?

Lieutenant General Nhlanhla Mkhwanazi presented screenshots of WhatsApp chats where Mogotsi discussed funneling money to Mchunu’s ANC activities and coordinating efforts to "suppress" investigations into Matlala. While the chats have not been independently verified, they form the crux of the allegations against both the minister and Sibiya.

Could this case trigger wider reforms of SAPS procurement?

Civil society groups and opposition MPs have already called for an independent audit of SAPS tenders awarded since 2022. If the disciplinary panel finds procedural breaches, it may prompt legislative amendments to tighten oversight, introduce third‑party reviews, and increase transparency in future contracts.

What impact might the outcome have on Police Minister Senzo Mchunu’s political standing?

Mchunu’s reputation is already under scrutiny due to the alleged link between his office and the tender scandal. A finding of misconduct could fuel calls for his removal within the ANC, especially if parliamentary committees deem the evidence credible. Conversely, a cleared outcome might bolster his claim of being a target of political sabotage.