Shadrack Sibiya found not guilty of fraud

His legal team has accused the NPA & the unit’s management of carrying out a malicious prosecution.

Former Gauteng Hawks head Shadrack Sibiya. Picture: Reinart Toerien/EWN

JOHANNESBURG - Former Gauteng Hawks head Shadrack Sibiya's legal team has accused the National Prosecuting Authority (NPA) and the unit's management of carrying out a malicious prosecution.

This after the prosecutor conceded in court that he was instructed to pursue the case despite it being deficient in material aspects.

The Johannesburg Magistrates Court found Sibiya not guilty of fraud, on charges stemming from R24,000 worth of travel claims he submitted in 2012.

Several recent high-profile cases including those against Glynnis Breytenbach and KwaZulu-Natal Hawks Head Johan Booysen are allegedly being pursued for malicious purposes.

Attorney Victor Nkhwashu says the fraud case against his client Sibiya lacked the defining element of prejudice.

He says the magistrate then asked the prosecutor to explain why Sibiya had been charged in the first place.

"The prosecutor informed the court that he noticed these deficiencies in his case long before they decided to charge the accused and he intended to charge the accused, but he was instructed by his superiors to proceed with the prosecution, despite the fact that the element of prejudice was missing from the charges."

While the Hawks say they're still studying the judgment, the NPA has not responded to questions.