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The South African Police Service has clarified the circumstances surrounding Lieutenant General Shadrack Sibiya’s departure after his legal representative tendered his resignation when disciplinary proceedings commenced. SAPS classifies his departure as a dishonourable discharge because a disciplinary case was pending at the time. However, no finding was reached, and the proceedings have been discontinued following his departure from the service. Pension benefits According to the clarification, Sibiya remains entitled to pension benefits accrued during his pensionable service. The precise amount and form of the benefit will be determined under Government Employees Pension Fund rules, taking into account his service record and the circumstances of his exit. SAPS says his benefits will not be withheld, attached or deducted because the alleged misconduct did not involve financial loss to the State. Rank SAPS further explains that, under Section 33(3)(a) of the South African Police Service Act, an officer’s commission or rank is cancelled when the officer is discharged following disciplinary proceedings that result in a finding. Since Sibiya resigned before a finding was reached, the clarification states that he retains his rank. This differs from the case of former Crime Intelligence head Feroz Khan, who was dismissed. The dishonourable-discharge classification records the circumstances of Sibiya’s departure; it does not, by itself, constitute a finding of guilt in the disciplinary case.
The South African Police Service has clarified the circumstances surrounding Lieutenant General Shadrack Sibiya’s departure after his legal representative tendered his resignation when disciplinary proceedings commenced. SAPS classifies his departure as a dishonourable discharge because a disciplinary case was pending at the time. However, no finding was reached, and the proceedings have been discontinued following his departure from the service. Pension benefits According to the clarification, Sibiya remains entitled to pension benefits accrued during his pensionable service. The precise amount and form of the benefit will be determined under Government Employees Pension Fund rules, taking into account his service record and the circumstances of his exit. SAPS says his benefits will not be withheld, attached or deducted because the alleged misconduct did not involve financial loss to the State. Rank SAPS further explains that, under Section 33(3)(a) of the South African Police Service Act, an officer’s commission or rank is cancelled when the officer is discharged following disciplinary proceedings that result in a finding. Since Sibiya resigned before a finding was reached, the clarification states that he retains his rank. This differs from the case of former Crime Intelligence head Feroz Khan, who was dismissed. The dishonourable-discharge classification records the circumstances of Sibiya’s departure; it does not, by itself, constitute a finding of guilt in the disciplinary case.

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