Sibiya facing ‘tremendous battle’ to overturn stay-at-home order
A legal analyst says while Deputy National Police Commissioner for Crime Detection Shadrack Sibiya has the option of challenging a court ruling on his leave of absence, the chances of a successful appeal are slim.
The High Court in Pretoria on Tuesday dismissed Sibiya's application to review and set aside his stay-at-home order.
Police Commissioner Fannie Masemola placed Sibiya on a leave of absence in July, after he was implicated in alleged corruption by KZN's top cop, Nhlanhla Mkhwanazi.
Sibiya lodged an urgent application challenging the order, which he labelled a disguised suspension.
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While Sibiya's attorney is adamant that the matter is not over, legal expert Sunil Singh says appealing the outcome might be difficult.
" It sat before three judges for the decision to be made. For him to now appeal to a higher level means he has to go to the Supreme Court of Appeal. He has to first seek permission from the Supreme Court of Appeal to then prosecute the appeal in respect of the decision of the High Court.
“It will have a tremendous battle in trying to convince the Supreme Court of Appeal that they need to give him permission to take it to the Supreme Court of Appeal."
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