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Sibiya accuses police chiefs of misleading inquiry

The suspended deputy national commissioner says testimony heard by the Madlanga Commission has created ‘a misleading impression’ of his role and relationship with the various role players under investigation.

Suspended deputy national police commissioner Gen Shadrack Sibiya has applied to the Madlanga Commission to cross examine his boss, Gen Fannie Masemola, and KZN police boss Gen Nhlanhla Mkhwanazi. /Thulani Mbele
In an affidavit submitted to the commission on October 10 and seen by the Sunday Times, Sibiya accuses Masemola of “materially misleading” the inquiry and the public with “false” and “implausible” testimony. Picture: Thulani Mbele (Thulani Mbele)

Suspended deputy national police commissioner Shadrack Sibiya has written to the Madlanga Commission demanding the right to cross-examine his boss, national commissioner Gen Fannie Masemola and KwaZulu-Natal police head Maj-Gen Nhlanhla Mkhwanazi. Sibiya accuses the two of misleading the inquiry with “false information”.

The request comes amid a growing list of allegations against Sibiya. During this week’s hearings, a witness claimed that alleged cartel kingpin Vusimuzi “Cat” Matlala had told police that he had made repeated cash payments of about R500,000 to Sibiya, as well as a R300,000 contribution towards Sibiya’s son’s wedding. Matlala also allegedly paid R2m towards the purchase of a plot of land intended to be developed into a B&B — money he claimed to have handed over to Sibiya personally.

In an affidavit submitted to the commission on October 10 and seen by the Sunday Times, Sibiya accuses Masemola of “materially misleading” the inquiry and the public with “false” and “implausible” testimony.

Both Masemola and Mkhwanazi testified that Sibiya was linked to attempted murder-accused Matlala, who was allegedly involved in a controversial police healthcare contract.

In his September testimony, Masemola implicated Sibiya in “criminality, political interference and corruption”, alleging that he was close friends with Matlala.

“The evidence given by Gen Masemola ... created a misleading impression of events, of my role within the criminal justice system and my association with the various role players under investigation, which I am compelled to correct in the interests of fairness and the integrity of the commission’s work,” said Sibiya.

The commission has acknowledged receipt of Sibiya’s application but is yet to respond to it.

Sibiya insists he only met Matlala in January 2024, when he was acting national commissioner. According to Sibiya, Matlala visited his office with his attorney to complain about not being allowed to use a building for a tender he had been awarded. Sibiya says he relayed Matlala’s concerns to Masemola, who allegedly responded: “Public works is not going to tell SAPS how to utilise the building.”

Sibiya states in his affidavit: “I vehemently deny that I am, or have ever been, a close friend of Matlala. No credible evidence has been produced to establish that I am friends with Matlala.”

Sibiya also wants to question Mkhwanazi about WhatsApp messages between Matlala and controversial businessman Brown Mogotsi, which Mkhwanazi said confirmed a relationship between Sibiya and Matlala.

“I am unable to confirm the authenticity, accuracy or context of these purported WhatsApp communications and cannot speak to their legitimacy, completeness or reliability,” Sibiya says.

“Any attempt to rely on these alleged messages as evidence against me is therefore misleading and unfair, as it attributes to me statements and discussions in which I played no part whatsoever.

“I respectfully submit that I will suffer serious and irreparable prejudice if I am denied the opportunity to cross-examine Gen Masemola. My professional and public reputation will be unjustly damaged.”

Sibiya describes Masemola’s claim — that he was “surprised” by the transfer of 121 dockets from the KwaZulu-Natal political killings task team (PKTT) — as a “self-serving attempt to distance himself from decisions he previously endorsed”.

He claims Masemola was present at meetings where the disbandment implementation plan for the PKTT was discussed — and even instructed Sibiya to sign the plan himself, deeming it “operational in nature”.

“It is untrue that, at any material time, Gen Masemola requested me to defer to him or to leave the matter of the disbandment implementation plan for his attention.

“On the day I presented the disbandment implementation plan to him — which I prepared, with the assistance of Maj Gen (Leon) Rabie — in January 2025, he informed me that he did not deem it necessary to sign [it] as he regarded it as operational in nature, and he instructed me to sign it instead,” said Sibiya

Sibiya says it was a “clear afterthought” by Masemola that police minister Senzo Mchunu’s conduct regarding the disbandment was “very concerning”.

Sibiya, who was also present at these meetings, claims that “at no stage... did Masemola raise or express any concern”.

“It is striking that Gen Masemola now contends that (Mchunu’s) conduct in the meetings, and more broadly in relation to the disbandment directive, was ‘very concerning’. This is plainly inconsistent with his conduct at the time.

“I attended the meetings that Gen Masemola attended and observed him lend his support to the actions taken regarding the disbandment of the PKTT. At no stage ... did he raise or express any concern to the minister.

“His present suggestion that he was troubled by the minister’s conduct is a clear afterthought and appears to be a self-serving attempt to distance himself from decisions he previously endorsed.”

The affidavit also details Sibiya’s accusations against Masemola regarding the 121 dockets.

“It ... defies belief that both Gen Masemola and Gen Mkhwanazi, who worked so closely with Gen Khumalo (crime intelligence head Gen Dumisani Khumalo), could have been wholly unaware of the transfer of the dockets to head office.

“I submit that their professed ignorance reads less as a genuine oversight and more as a convenient reconstruction after the fact. So too is Gen Masemola’s purported disapproval of the request for funding to investigate the case dockets nothing more than a self-serving afterthought.”

Sibiya came under fire this week, with Witness C — a member of the PKTT who is testifying anonymously — saying that Matlala confided about giving Sibiya gifts, including 20 impalas and millions in cash, in exchange for influence and favours within the police.

Witness C claimed that Matlala paid R500,000 to fund Mchunu’s bid for the ANC presidency.

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