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14 Jan 2015 21:59
The new suspension is said to give more details regarding Shadrack Sibiya's alleged involvement in the illegal rendition of Zimbabweans. (Paul Botes, M&G)
A new suspension notice was issued to Gauteng
Hawks chief Shadrack Sibiya on Wednesday afternoon, just hours after the first
one was withdrawn.
He now has five days to give reasons as to
why he should not be suspended.
“The new order is more substantive than the
previous order,” said Hawks spokesperson Hangwani Mulaudzi. He did not
elaborate on the new charges.
He said the charges still related to the
illegal rendition of Zimbabweans in 2010 and 2011.
The new notice is expected to provide
answers required by Sibiya, to raise his defence – namely the “when, where,
how and against whom [he] allegedly transgressed”.
Sibiya and his lawyer will
have to decide if the new notice provides sufficiently detailed to assist Sibiya
in drawing up his defence.
Not enough detailSibiya was granted an urgent application in
the Labour Court on Sunday after he told the court that the suspension notice that
he had been given was not detailed enough to allow him to defend himself
against the charges.
The state withdrew the notice on Tuesday
night, a day before they were expected to go before the Labour Court to defend
the suspension notice.
Sibiya’s lawyer Victor Nkhwashu was told on
Wednesday only that a new notice would be issued “in due course.
Mulaudzi said the second suspension notice
provided more detail about the charges faced by Sibiya.
Another Hawks official was suspended this
week. Leslie Maluleke, a senior Hawk, was served his a suspension notice on Tuesday.
He was also charged with the illegal rendition of Zimbabweans in 2010 and 2011.
It is not clear if his suspension notice will also be reissued.
Speed of suspensionsNkhwashu question the speed with which this
suspension orders were being handed out. “We do not understand the rush, when
the original investigation by the Independent Police Investigative Directorate
(Ipid) was carried out four years ago.
“Do they have new information,” he said. According
to a letter in the Mail & Guardian’s possession the directorate had not “recommended
the suspension (or prosecution) of Major-General Sibiya in its report submitted
to the NPA (National Prosecuting Authority)”.
The NPA is still investigating the matter.
Sibiya objected to the first notice, handed
to him on holiday, on the grounds that it was “vague insofar as details
Without these details, he said, he could
not defend himself, he said.
Immediate effectThe Labour Court ruling meant Sibiya could
return to work on Monday, pending the hearing in the Labour Court on Wednesday.
But the new notice suspended Sibiya with immediate effect.
Sibiya’s boss, national Hawks head Anwa
Dramat, has been suspended on the same charges as Sibiya and Maluleke
Dramat has claimed that they are being
targeted because of high profile investigations they were undertaking. He has
been replaced by acting head Benny Ntlemeza.
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