High Court orders Sibiya return to Hawks post
The High Court in Pretoria has slammed the conduct of acting Hawks head Berning Ntlemeza.
JOHANNESBURG - The High Court in Pretoria has ordered that Gauteng Hawks boss, Shadrack Sibiya, return to work with immediate effect and has slammed the conduct of acting national head Berning Ntlemeza.
Last month, the court declared Sibiya's suspension unlawful and invalid but Ntlemeza appealed that decision.
Sibiya and suspended head of the unit, Anwa Dramat, were implicated in the rendition of five Zimbabwean suspects in 2010, but the Independent Police Investigative Directorate (Ipid) cleared him.
The police ministry has dismissed that finding and, using a report that Ipid says is legally invalid, claims the Hawks boss still has a case to answer to.
In dismissing the leave to appeal application, Judge Elias Matojane says Ntlemeza attempted to mislead the court by not disclosing the existence of two conflicting reports.
"The conduct of the third respondent shows he is biased and dishonest. To further show he is dishonest he made false statements under oath."
Matojane says the disciplinary action against Sibiya is based on a report of questionable legality.
"Any action or decision based on suspiciously obtained reports with a possibility of having no legal standing has to be halted until the status of the report is determined."
Meanwhile, Sibiya is recovering following a car crash a week ago that left him in intensive care.
The Hawks have confirmed they're investigating the incident.