Johannesburg - The National Prosecuting Authority (NPA) has decided to charge former Hawks boss Anwa Dramat and the elite unit’s Gauteng head Shadrack Sibiya for their roles in the illegal rendition of Zimbabwe nationals.
The Sunday Independent has been told by two independent sources that a decision has been taken to criminally charge the pair, together with Lieutenant-Colonel Leslie “Cowboy” Maluleke and several other Hawks’ officials.
However, it is understood prosecutors are still busy formulating the charges. “They have to look at all the evidence contained in the docket and decide which charges they would have to face.
“It is still going to take a while before they are arrested,” said a prosecution source.
NPA spokesman Luvuyo Mfaku said the the matter was still under consideration. Both Maluleke and Sibiya’s lawyer, Victor Nkwashu, said they were not aware of the NPA’s decision.
On March 13, former NDPP Mxolisi Nxasana received a decision from Gauteng Director of Public Prosecutions, Advocate Sibongile Mzinyathi, to criminally charge Dramat and Sibiya in connection with the illegal rendition of Zimbabweans suspected of crimes in their country.
Nxasana did not act on the decision. Instead, he appointed prosecutors to review Mzinyathi’s decision. The delay to take action by Nxasana led to acting head of Hawks, Major-General Mthandazo Ntlemeza, to write a strongly-worded letter to him demanding the return of the police docket.
Nxasana then asked South Gauteng DPP Andrew Chauke to decide whether to charge the pair or not.
Several Zimbabweans were allegedly kidnapped and deported between 2010 and 2011 without the proper extradition processes being followed.
Witness Ndeya, Shepherd Tshuma, Nelson Ndlovu and Maqhawe Sibanda were allegedly kidnapped by members of the Hawks and detained at Orlando police station in Soweto in November 2010.
They were then driven to Beit Bridge and handed over to the Zimbabwean police.
Maluleke said he was in charge of the operations.
The rendition saga has led to the suspensions of several Hawks officials, including the Independent Police Investigative Directorate (Ipid) head Robert McBride.
Dramat also resigned in April following a stand off between him and Police Minister Nathi Nhleko who suspended him last year.
The court declared his suspension was invalid and unconstitutional and ordered he should be reinstated. Dramat was placed on special leave as his lawyers worked out his exit strategy. There was speculation that as part of the settlement, Dramat was granted immunity to prosecution for the rendition.
McBride was suspended by Nhleko, who accused him of altering the first report that implicated Sibiya and Dramat and produced a second one which exonerated them.
Nhleko employed Wersksmans Attorneys to investigate discrepancies between the two Ipid reports.
It found that McBride had deleted the evidence implicating Dramat and Sibiya from Ipid’s initial report.
Meanwhile, Sibiya testified in his own defence on Friday in a disciplinary hearing against him. Sibiya denied he took part or instructed anybody to hunt down and arrest the Zimbabweans.
However, Maluleke, in an interview with The Sunday Independent last week, said the operation was his own initiative. Sibiya and Dramat had nothing to do with it. The hearing continues on Monday.
The Sunday Independent