Zondo commission: Nhleko decided IPID's first report implicating Hawks bosses' Zimbabwe renditions was final one

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Former police minister Nathi Nhleko at the state capture commission.
Former police minister Nathi Nhleko at the state capture commission.
Sharon Seretlo, Gallo Images
  • Former police minister Nathi Nhleko decided IPID's first report into the Zimbabwe renditions was the final report.
  • The first report implicated former Hawks bosses Shadrack Sibiya and Anwa Dramat in the renditions.
  • IPID, however, said the first report was preliminary and the second one, which it gave to Nhleko, was the final one.

Former police minister Nathi Nhleko took the view the first Independent Police Investigative Directorate (IPID) report into the now infamous Zimbabwe rendition was the final one, although he cannot recall who gave him the report.

Nhleko was testifying at the commission of inquiry into state capture on Tuesday after being implicated in wrongdoing by several people, including former IPID boss Robert McBride.

The commission focused on two IPID reports into the so-called illegal rendition of five Zimbabweans between November 2010 and January 2011.

The first report - dated 22 January 2014 - by directorate investigator Innocent Khuba found former Gauteng Hawks boss Shadrack Sibiya and former Hawks boss Anwa Dramat had been involved in the renditions and should be criminally charged.

READ | Zondo commission: Nhleko did not seek clarification from IPID on two rendition reports

The second report - dated 18 March 2014 - found no evidence incriminating Sibiya and Dramat in relation to the rendition case.

Khuba and McBride previously told the commission the first report was a preliminary one and further evidence had cleared the Hawks bosses of involvement in the renditions.

Khuba previously testified the first report could not have been final as there were outstanding investigations that needed to take place.

These investigations related to the analysing of cellphone records belonging to Sibiya and Dramat.

However, Nhleko was of the view the first report was the final one, which he ultimately used to suspend Dramat.

Nhleko testified on Tuesday IPID only furnished him with a signed copy of the second report, and by that time he already had the first one.

READ | State capture: McBride, former police minister butted heads over contradictory Zimbabwe rendition reports

When asked how he came to be in possession of the first report, Nhleko told the commission he had instructed members of staff in the police ministry to get him the report but could not answer who exactly gave it to him.

"You leave an instruction for people to try and find this report, you come back and it's on your desk," Nhleko explained.

Deputy Chief Justice Raymond Zondo put it to Nhleko that Khuba's evidence was the first report was preliminary and asked if there were outstanding investigations and how could it be regarded as a final report.

Nhleko fired back, saying it was clear there was no additional information in the second report, instead there were alterations and deletions that could be noted.

He added previous IPID boss Koekie Mbeki could speak to the finality of the first report, but if the report was not final, why had it been handed into the National Prosecuting Authority (NPA) for a decision.

READ | Incorrect report used to suspend former Hawks head Anwa Dramat - state capture inquiry hears

Zondo said Khuba had testified there was immense pressure to place the report with the NPA, but the commission had also seen a memo from an NPA prosecutor working on the matters, which also confirmed the analysis of the cellphone records were still outstanding.

Zondo also asked Nhleko if IPID was allowed to change a report if it had a flaw, or if they realised the views in the report could not be sustained or justified.

Nhleko said he did not hold a view on whether IPID was entitled to change a report but noted for him, the issue was the fact that information was altered or deleted in the second report, that came to a different conclusion.

It was for this reason he had commissioned a private law firm to probe the two reports.

Nhleko is expected to continue his testimony on Wednesday.

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