Dramat suspension unconstitutional - advocate

2014-12-30 13:43
Anwa Dramat. (News24)

Anwa Dramat. (News24)

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Johannesburg - The suspension of Hawks boss Anwa Dramat is unconstitutional, according to a recent court ruling, his advocate Johan Nortje told Radio 702 on Tuesday.

"The most important aspect of the Constitutional Court judgment on November 27 is that the suspension clause has been deleted," Nortje said in an interview.

"The court was quite clear to say that the clause is constitutionally inconsistent and should be deleted from the date of the order."

Nortje was referring to a judgment in a case dealing with the constitutionality of legislation to establish the elite police unit.

As part of a larger ruling, the Constitutional Court declared that certain defects in the law - such as the "untrammelled" power given to the police minister to dismiss the head of the hawks - were to be "severed".

Yet, said Nortje, "10 days later, the minister used that suspension power that was deleted by the Constitutional Court".

On 23 December, Police Minister Nathi Nhleko suspended Dramat, allegedly for his involvement in the illegal rendition of Zimbabweans in 2010.

Nortje dismissed this reasoning as "nonsense" and "baseless".

"It's quite clear that there are politics that are involved here," he said.

Dramat's legal team have given Nhleko until 5 January to lift the suspension.

Read more on:    hawks  |  anwa dramat  |  nathi nhleko

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