JOHANNESBURG – Suspended Deputy National Police Commissioner Shadrack Sibiya’s future in the police service is under scrutiny.
He faces allegations of corruption and links to underworld figures following evidence presented before the Madlanga Commission.
His disciplinary hearing has been postponed to next week to allow him time to consult with his legal representatives.
Labour law expert Osborne Molatudi says a disciplinary charge is not a finding of guilt and that Sibiya still has the right to respond to the allegations against him.
Molatudi says procedural fairness will be critical as Sibiya faces a disciplinary process that could determine his future in the police service.
His comments come after Sibiya’s disciplinary proceedings were postponed on Monday.
According to Molatudi, the Labour Relations Act requires employers to follow a procedure that is fair and in accordance with applicable workplace policies.
“At the end of the day, once a decision is made, that decision will be tested against that very same principle, whether, you know, the employer’s decision was procedurally fair…”
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Molatudi says there is a clear distinction between a disciplinary inquiry and a criminal process.
A disciplinary inquiry is aimed at determining whether an employee has committed misconduct, while criminal proceedings determine whether a person is guilty of alleged crimes.
“The employer is not required to wait for the outcome of a criminal proceeding in order to begin its internal disciplinary process. Otherwise, if that were the case, it will take forever until such time that the employer will then be in a position to institute its internal processes.”
“So essentially, what this means is that SAPS is perfectly within its right to continue the disciplinary process of General Sibiya. And once that process is finalised, Sibiya will still have to answer the issues around the alleged crimes against him in a separate forum. The same applies to the Labour Court proceedings,” he said.
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Alongside Sibiya’s disciplinary hearing is an urgent application filed by his legal team seeking to halt the internal SAPS disciplinary proceedings.
According to police spokesperson Athlenda Mathe, the matter was also heard in the Labour Court but was adjourned to allow SAPS to file opposing papers and Sibiya’s legal team to file a replying affidavit.
Mathe says the two processes are separate but have been running in parallel.
“The Labour Court matter remains sub judice, and SAPS will therefore refrain from commenting on the merits of the matter."