Hawks suspensions: Shadrack Sibiya could return to office
The Gauteng Hawks head has been accused of facilitating the illegal rendition of Zimbabweans in 2010.
JOHANNESBURG - It now appears Friday's High Court decision rendering the suspension of Hawks boss Anwa Dramat null and void could mean the organisation's Gauteng head Shadrack Sibiya could also return to office.
The High Court in Pretoria on Friday said Police Minister Nathi Nhleko's suspension of Dramat was invalid, which appears to mean all the decisions taken after that time are also invalid.
Sibiya is accused of facilitating the illegal rendition of four Zimbabwean men from Diepsloot, north of Johannesburg, over the Beitbridge Border crossing in 2010, which is the same reason Dramat was placed on precautionary suspension.
In his ruling Judge Bill Prinsloo said Dramat's suspension never legally happened.
This means it appears the appointment of Mthandazo Ntlemeza as acting Hawks head itself was invalid, as were all the decisions he took.
As a result, his decision to suspend Sibiya is also invalid and Sibiya could return to work.
Meanwhile the director of the Helen Suzman Foundation, which brought this case, Francis Antonie, says they're prepared if the police department decides to appeal Friday's ruling.
"If he does appeal, we'll be in the court as well and we'll take the matter up."
At the same time, the Democratic Alliance says the police minister knew he didn't have the power to suspend Dramat, but did so anyway.
The party says its position that Nhleko didn't have the authority to take action against the Hawks boss has been vindicated by the High Court.