News this afternoon that Deputy National Commissioner for Crime Detection, Lieutenant General Shadrack Sibiya, has been asked to take a leave of absence raises serious questions about governance and accountability in the South African Police Service (SAPS).
In policing, placing someone on leave of absence instead of suspending them for a disciplinary transgression is highly irregular and highlights the growing crisis of executive oversight at the top of SAPS. This distinction is not a technicality, it is fundamental.
A leave of absence is typically voluntary and granted for personal reasons, such as medical or family needs. It carries no disciplinary implications and is not defined anywhere in the SAPS Discipline Regulations.
A suspension, by contrast, is imposed by the employer, either as a precautionary or disciplinary measure where serious allegations arise. The SAPS Discipline Regulations explicitly empower the National Commissioner to suspend a member on full pay if they are alleged to have committed misconduct and their presence could jeopardise an investigation or endanger safety or state property.
That standard clearly applies here. Moreover, Lieutenant General Sibiya remains subject to the SAPS Discipline Regulations. Only the National Commissioner and the nine Provincial Commissioners are excluded from the Disciplinary Code.
By asking him to take “leave of absence,” SAPS has sidestepped its own disciplinary framework, undermining both the integrity of the investigation and the credibility of the institution.
The DA will submit urgent Parliamentary questions to establish:
- What exactly are the allegations against Lt Gen Sibiya?
- Why was the proper suspension or transfer process bypassed?
- What safeguards exist to ensure a credible, interference-free investigation?
Under normal circumstances, the Minister of Police would be expected to exercise oversight and provide legal and policy clarity on such a serious step.
Yet South Africa has now gone almost 48 hours with no appointed Minister of Police. This leadership vacuum compounds the crisis and raises further doubts about whether the SAPS leadership is being held to account in line with the law and the public interest.
Accountability, transparency and the rule of law demand immediate action.