I will consult with Sibiya - lawyer

2015-08-21 22:08


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Johannesburg - Axed Gauteng Hawks head Major General Shadrack Sibiya's lawyer said he would consult his client on the way forward.

This is after an inquiry ruling that Sibiya should be dismissed for his role in the renditions of a group of Zimbabweans. 

"I received the sanction about an hour ago. Unfortunately I'm in court for a different matter and I have not been able to consult my client," Victor Nkhwashu told News24 earlier. 

He said he would be able to say at the weekend or on Monday what the next step was for Sibiya. 

"The dismissal was expected. It was not a surprise,"  Nkhwashu said. 

He said this was because the inquiry's chairperson, Mxolisi Zondo, had dismissed evidence during the hearing. 

"It was clear that if they found him guilty without evidence, that he would be dismissed." 

Hawks spokesperson Brigadier Hangwani Mulaudzi earlier on Friday quoted Zondo as saying: "Accordingly, it is my view that the offence is serious enough and of such gravity to warrant dismissal and for that reason I impose a sanction of dismissal on General Sibiya."

Asked whether Sibiya's dismissal would go into effect on Friday, Mulaudzi said processes needed to be followed.

It was likely the matter would be finalised by next week. 

"We have to rubber stamp it. Once we get the report, we will go through it. It means it will be left with our HR department, who with our legal department will write a report to the acting national head [Major General Mthandazo Berning Ntlemeza] who will have to rubber stamp it," he said.

'We are happy with the outcome'

"It will also go through the office of the national commissioner. General Riah Phiyega has to be informed as well."

Mulaudzi said the ruling had "vindicated" Ntlemeza, who had faced accusations of behaving irrationally and lacking integrity early on in the disciplinary process.

"It became personal. This judgment vindicates him. He's just doing his job. We are happy with the outcome," Mulaudzi said.

The inquiry found in July that Sibiya was "complicit" in the illegal arrest and deportation of the Zimbabweans, wanted for murder in that country.

Sibiya was suspended on January 20 2015 and his disciplinary hearing was held in Pretoria in June to establish whether he knew about, or was present as claimed by some witnesses, at the arrests and subsequent illegal deportation of the Zimbabweans wanted for the killing of a policeman in Zimbabwe.

Sibiya denied the claims, saying they were an act of revenge by former crime intelligence head Richard Mdluli, following an investigation into whether Mdluli had killed a love rival, Oupa Ramogibe.

In his findings in July, Zondo said he could not place Sibiya at the scene of the operations in Diepsloot on November 5 2010 or on November 23 2010, but his cellphone records indicated that for the first operation he had sent at least 30 text messages and been in cellphone contact with the team carrying out the operation.

The rendition allegations have already been linked to the departure of national Hawks head Anwa Dramat, who allegedly knew about it, and a disciplinary hearing for Independent Police Investigative Directorate head Robert McBride.

The Labour Court in Johannesburg ruled in July that McBride's disciplinary hearing be put on hold pending his challenge at the High Court in Pretoria on a Constitutional point.

Read more on:    hawks  |  richard mdluli  |  anwa dramat  |  robert mcbride  |  shadrack sibiya  |  johannesburg

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