Lance Witten|Published
"Dishonourable discharge" was the headline that IOL chose to use when announcing the news that SAPS Deputy National Commissioner for Crime Detection Lieutenant-General Shadrack Sibiya's employment with the police had been terminated with immediate effect.
The disgraced top cop is facing a litany of battles – on trial at the Randburg Magistrates Court on charges of rape, sexual grooming, human trafficking and negligent possession of a firearm. The charges of grooming relate to his alleged relationship with a 16-year-old girl, and the rape charge involves an 18-year-old woman.
A deputy national commissioner in a country ravaged by gender-based violence and the apparent disregard for women's rights standing trial on charges like these are embarrassing enough. But he also on Monday was due to appear before a SAPS disciplinary hearing following his suspension in September 2025.
He was suspended after allegations against him emerged at the Madlanga Commission of Inquiry into criminality, corruption and political interference within the South African justice system.
The allegations include:
- colluding with criminal underworld figures,
- leaking sensitive, classified crime intelligence to Vusimuzi "Cat" Matlala,
- financial mismanagement in that he allegedly used Crime Intelligence funds to finance private property deals, and
- ordering the improper removal of 121 case dockets from the Political Killings Task Team (PKTT).
Sibiya's legal battles
Prior to his resignation he had also approached the Gauteng High Court to have National Police Commissioner Fannie Masemola's decision to suspend him declared unlawful, and approached the Labour Court in a bid to halt internal SAPS proceedings against him while facing external judicial enquiries.
Sibiya was also called before Parliament's Ad-Hoc Committee on Corruption in the Criminal Justice System.
IOL has covered the barrage of claims against Sibiya. And it is satisfying to finally see a judicial commission of inquiry like Madlanga resulting in the arrest, prosecution, and conviction of those exposed. Where other consequences—like termination of employment—follow, this too must be celebrated as a win in the fight against corruption and criminality.
But for Sibiya to be allowed to "resign" rather than being fired feels a little disappointing.
Sure, the termination of his employment with SAPS is recorded as a dishonourable discharge, but years from now, it's still a resignation, not a termination.
And I wonder if Sibiya has been allowed to save face. Yes, he's facing very serious criminal charges in a court of law. And a dishonourable discharge comes with serious repercussions. It is not an ordinary resignation.
What is a dishonourable discharge?
For one, he loses his salary, state medical aid subsidies, any housing and travel allowances, and any access to SAPS resources or infrastructure is immediately revoked.
The dishonourable discharge does not, however, mean his pension is automatically wiped out. Under South African law, accrued benefits are protected, meaning his contributions to the Government Employees Pension Fund are not automatically stripped.
However, because he is facing charges of corruption and the misuse of Crime Intelligence funds, the State can withhold or attach his pension fund. Should the State prove misconduct or prove financial losses resulting from his actions, the State can deduct those losses from his pension payout before a cent is transferred to him.
Sibiya is also permanently blacklisted from public service.
His fate now rests in the hands of the Randburg Magistrates Court, which, with Sibiya resigning from SAPS, now remains the only way to hold him accountable should he be found guilty of the allegations against him; he remains innocent until proven otherwise.
But there may be many who on Monday feel Sibiya's resignation serves ultimately as justice deferred, and perhaps a way for him to save face in his fall from grace.
* Lance Witten is the Editor of IOL.