Pretoria - Suspended Gauteng Hawks chief, Major-General Shadrack Sibiya, believes his suspension was driven by “a desire for revenge” following his part in the arrest of former crime intelligence boss Lieutenant-General Richard Mdluli four years ago.
In papers before the High Court in Pretoria, Sibiya pointed out that Mdluli was arrested in March 2011 on fraud and corruption-related charges, following a warrant that a team under Sibiya’s leadership secured.
In January, Sibiya received a notice informing him that he was being suspended for 60 days pending an investigation or a disciplinary hearing against him. This related to the unlawful rendition of Zimbabwean nationals in 2010, he was told.
This was the same reason given to suspended Hawks boss Anwa Dramat in December last year. His suspension has been overturned by Judge Bill Prinsloo following an application by the Helen Suzman Foundation (HSF).
Judge Prinsloo ruled that Police Minister Nkosinathi Nhleko did not have the power to suspend Dramat, nor did he have the power to appoint Major-General Berning Ntlemeza as acting head.
While the judge ordered that Dramat return to work, he is now on official leave with the blessing of the minister.
Sibiya turned to court on Monday, to ask for an urgent order lifting his suspension by acting Hawks head Ntlemeza.
He based various of his arguments on the facts which emerged in the application by the Helen Suzman Foundation.
His main point was that the acting Hawks boss did not have the power to suspend him.
Sibiya also questioned why he was suspended more than four years after the alleged unlawful rendition of the Zimbabweans.
The Independent Police Investigation Directorate (Ipid) had investigated the claims and submitted a report to the National Prosecuting Authority. Sibiya said based on the Ipid findings there was no recommendation to the NPA that he be suspended or prosecuted.
The integrity unit of the Hawks also vindicated him of involvement in illegal renditions, Sibiya said.
He questioned Ntlemeza’s reasons for suspending him, saying he was driven by “ulterior motives, including a desire for revenge”.
Sibiya said the minister is set on making his life as “difficult as possible” and the fact that all his belongings were removed from his office is indicative that Ntlemeza had decided to make his move permanent. He believed Ntlemeza’s “eagerness to act against (me) is motivated by his need to seek revenge for his ally - Mdluli”.
Sibiya set out the chronology of events of how Mdluli was arrested, charged, not prosecuted and later re-charged. “It left an uncomfortable feeling that indeed this is a conspiracy to deal with me in the same manner in which it is believed that I dealt with Mdluli,” Sibiya said.
In response, Ntlemeza denied these allegations as being “scandalous and vexatious”.
He said he was within his rights to suspend Sibiya, stating that as acting head of the Hawks, he was Sibiya’s superior.
The suspension related to misconduct, he said, which was a labour-related issue and should thus be dealt with by the labour court and not the high court.
Ntlemeza denied he had any ulterior motives for the suspension and insisted it all revolved around the unlawful rendition of the Zimbabweans.
Judge Elias Matojane will deliver judgment on Friday on whether Sibiya’s suspension should be lifted or not.
Pretoria News