Gauteng Hawks head dodges suspension

Shadrack Sibiya has managed to avoid suspension and is back at work.

FILE: Shadrack Sibiya has avoided suspension and is back at work. Picture: EWN.

JOHANNESBURG - The head of the Hawks in Gauteng, Shadrack Sibiya, has managed to avoid being suspended and is back at work this morning.

Sibiya secured a Labour Court interdict last night while section head Leslie Maluleke is expected to give reasons why he shouldn't be suspended later today.

Sibiya and Hawks head Anwa Dramat were implicated in the rendition of four Zimbabwean men in 2010, but an unreleased report from Independent Police Investigative Directorate (IPID) is said to have cleared Sibiya.

He received his notice last week but his lawyer Victor Nkhwashu says the Hawks did not provide sufficient information about the allegations against him.

"We were supposed to give reasons why he should not be suspended but the letter that they have given to him did not disclose much details so we are not able to meaningfully make representations on his behalf."

Meanwhile, Hawks spokesperson Hangwani Mulaudzi says Maluleke has not yet submitted his reasons why he should not be suspended.

"We are generally waiting on his response and failure to do that obviously we will be taking appropriate action."

Sibiya has maintained that he was not involved in the rendition of the four men to Zimbabwe in any form.

Two years ago, he accused Crime Intelligence of resorting to dirty tricks after he was implicated but now insists the notice of suspension is not part of any agenda and is merely procedural.

Sibiya was the former head of the now disbanded Scorpions Unit.

HAWKS BOSS'S COURT CHALLENGE

The controversy surrounding the suspension of Dramat will return to court this week with the Helen Suzman Foundation (HSF) challenging the lawfulness of the Police Minister Nkosinathi Nhleko's decision.

The foundation has launched a High Court bid to overturn what it says is the unlawful suspension of Dramat by Nhleko.

Dramat was suspended on 23 December for his alleged involvement in the illegal rendition of four men back to Zimbabwe in 2010.

But weekend reports claim IPID has confirmed Dramat was cleared by an investigation.

The foundation claims the section of the South African Police Services Act under which Dramat was suspended was deleted from law by the Constitutional Court.

HSF Director Francis Antonie says they decided to approach the courts as a matter of principle because the rule of law has not been respected.

"It only happens when certain procedures are followed and those procedures were not followed therefore our concern is that the Minister of Police may have acted unlawfully."

He says the HSF has also requested all the documents from the Police Minister on the IPID's investigation into Dramat.

"The minister must please take the country into his confidence because if he doesn't, it gives rise to all sorts of speculation."

The Democratic Alliance says it believes the National Assembly should debate the police minister's decision and whether he should face any action for suspending Dramat without a Parliamentary inquiry.