Shadrack Sibiya to appeal 'gross misconduct' finding

Sibiya was found guilty of gross misconduct for sanctioning the Zimbabwean rendition operation in 2010.

Gauteng Hawks boss Shadrack Sibiya and his legal team at his disciplinary hearing which started in Pretoria on 10 June 2015. Picrure: Reinart Toerien/EWN.

PRETORIA - Gauteng Hawks boss Shadrack Sibiya says he is appealing the finding that he is guilty of gross misconduct for sanctioning the operation that led to the arrest and rendition of five Zimbabweans in 2010.

Hawks management announced last week that it had accepted the recommendation that Sibiya should be fired, but the appeal now suspends that decision.

The major general has consistently denied that he had anything to do with the operation, saying he is the victim of a Crime Intelligence smear campaign.

Advocate Paul Kennedy says there is a glaring lack of evidence presented to find his client guilty of the allegations against him.

He says while the hearing found that the Zimbabweans were the victims of rendition, no evidence at all was presented to prove this.

Kennedy says there was no evidence to show that the arrests of the suspects, which Sibiya's subordinates believed to be part of a legitimate operation, were in fact illegal.

The advocate says there is a complete vacuum of information as to when his client allegedly became involved in acquired knowledge of or approved the rendition operation.

Kennedy argued that the findings were made up of broad conclusions or assumptions made purely an on the basis of inferences and not facts.