Shadrack Sibiya Keeps Pension and Rank Despite Dishonourable Discharge

• Sibiya resigned at the start of internal disciplinary proceedings on 12 October 2026, before any tribunal finding was reached
• SAPS leadership labelled his departure a dishonourable discharge, but law dictates his rank and pension remain protected
• South Africans questioned why the department accepted his resignation instead of proceeding with the hearing

SOUTH AFRICA — Former SAPS Deputy National Commissioner Lieutenant General Shadrack Sibiya left the South African Police Service with immediate effect on Monday, 13 October 2026, after tendering his resignation at the outset of internal disciplinary proceedings.

The Justice, Crime Prevention and Security cluster confirmed the development on X, noting that while the police leadership has categorised his exit as a "dishonourable discharge," existing legal protections mean Sibiya walks away with both his rank and pension fund intact.

Why Sibiya keeps his rank and pension

Under Section 33(3)(a) of the South African Police Service Act 68 of 1995, an officer's rank and commission can only be cancelled following a formal disciplinary finding that results in dismissal. Because Sibiya's attorney submitted the resignation before the tribunal reached any verdict, the proceedings collapsed without a conclusion, leaving the default legal position in his favour.

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His pension entitlements are similarly shielded. The Government Employees Pension Fund (GEPF) prohibits pension benefits from being attached, withheld, or forfeited unless alleged misconduct caused a direct financial loss to the state. No such financial loss was alleged in Sibiya's disciplinary matter, meaning his accrued benefits will be paid out under standard GEPF early exit provisions for resignations.

The "dishonourable discharge" classification, police leadership confirmed, functions solely as an administrative record of the circumstances surrounding his departure and carries no power to strip him of benefits.

Sibiya was arrested in September 2026 in Sandton, Johannesburg, on charges of rape and sexual abuse, which preceded the internal disciplinary process.

View the X tweet here:

SA questions SAPS' decision to accept resignation

The announcement drew sharp criticism on social media, with many questioning why SAPS did not refuse the resignation and proceed with the disciplinary hearing in his absence.

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@Wesley__pipes23 wrote:

"The department was supposed to refuse his resignation and proceed in absentia and dismiss him."

@elkay40 commented:

"Now use this as an opportunity to improve your HR policy. One should not resign with a Disciplinary Hearing. See now, he can still qualify for a government role."

@doKHUments raised procedural questions:

"Why was his resignation accepted? Is there no clause in these SAPS contracts/regulations where they could've forced him to serve his notice period (finalise DC during that time)?"

@mc_sekgala offered a different perspective:

"Good for him, as he'll need it for his legal fees...it's going to be tough for him going forward."

@PIET_VANWYK added:

"Pension funds are no go area. Even if the state had lost something, the state would have to open a case for recovery, but withholding pension is a crime against any employee."

Shadrack Sibiya accused of threatening alleged victim's father

In a related article, Briefly News reported on the allegation that Sibiya threatened the father of a 16-year-old complainant while he was reporting a case at Sandton Police Station. The claim was presented in an affidavit at Randburg Magistrate’s Court during Sibiya’s bail proceedings.

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The father told the court that Sibiya said he could “deal with you very quickly and easily” during the call. He said the exchange alarmed him because of Sibiya’s former position and influence within the police service.

Source: Briefly News