Shadrack Sibiya formally receives his marching orders

Sibiya was found guilty of gross misconduct for his role in the rendition of 5 Zimbabwean suspects in 2010.

FILE: Shadrack Sibiya. Picrure: Reinart Toerien/EWN.

PRETORIA - Hawks management has confirmed it has formally dismissed the unit's former Gauteng boss Shadrack Sibiya.

The major general was found guilty two months ago of gross misconduct for his role in the arrest and rendition of five Zimbabwean suspects in 2010.

Sibiya, who was implicated along with former national Hawks boss Anwa Dramat, has denied he had any involvement in the operation.

The Hawks' Hangwani Mulaudzi says the unit's management and human resources has processed the disciplinary committee's recommendation and officially dismissed Sibiya.

"He's got 21 days to lodge an appeal and if there are things that are still in his office that he need, he's more than welcome to come and pick them up."

Eyewitness News understands that Sibiya intends filing his notice of appeal this week.

When that is done, a new presiding officer will be appointed to consider the evidence against him which could take several more months to finalise.

'GUILTY VERDICT FLAWED'

In July, suspended Gauteng Hawks head attorney said the guilty verdict against his client was legally flawed, but declined to say whether he will appeal the matter.

Sibiya had denied any involvement in the matter, arguing that he was being targeted for leading the investigation and arrest of former Crime Intelligence head Richard Mdluli.

Attorney Victor Nkhwashu said his client was disappointed at the ruling, but considered it only a minor setback.

"The evidence was clear that my client was not guilty on any of those charges."

Nkhwashu said the chairperson of Sibiya's internal disciplinary inquiry Advocate Mxolisi Zondo's judgment was poorly reasoned.

"The body of the judgment does not correlate with the bottom finding of the judgment. The judgment is legally flawed."

Hawks management however welcomed the ruling.

'PUBLIC CONFIDENCE IN HAWKS RESTORED'

In July, the Hawks said the outcome of Sibiya's disciplinary hearing will restore public confidence in the organisation.

Zondo, found that while Sibiya was not involved in the arrest of the suspects he did know about the operation and gave clearance for it.

Mulaudzi said nobody in the organisation is exempt from disciplinary action.

"As the Hawks we take issues of corruption very seriously irrespective of who you are within the organisation."

He said the stern approach taken regarding investigations around Sibiya's misconduct was proof that the Hawks take issues of malpractice seriously.