High-level suspensions damaging: judge
INDEPENDENT
MEDIA
Hawks boss Major General Shadrack Sibiya is not
back at work. File photo: Itumeleng
Pretoria - The suspension of senior officials in crime fighting agencies
causes significant reputational harm, High Court Judge Elias Matojane said on
Friday.
“The suspensions have a negative impact on public confidence and the
rule of law, and importantly have the unintended consequence that the employee
suffers palpable prejudice to his reputation and advancement,” he said.
“It follows therefore, in my view, that employees should only be
suspended pending a disciplinary hearing, only if there are compelling reasons
and the suspension should be a last resort.”
Matojane ruled that the suspension of Gauteng Hawks boss Maj-Gen
Shadrack Sibiya was unconstitutional, invalid and unlawful.
The court also declared invalid the appointment of Maj-Gen Elias Dlamini
to replace Sibiya as acting Gauteng boss of the Directorate for Priority Crime
Investigations (DPCI).
In court papers, Sibiya accused the Hawks acting national head Maj-Gen
BerningNtlemeza of being motivated by the desire to take revenge on behalf of
his “ally”, suspended police crime intelligence head Lt-Gen Richard Mdluli.
Ntlemeza suspended Sibiya pending an investigation into his alleged role
in the illegal rendition of Zimbabweans to that country's police in 2010.
Sibiya claimed in an affidavit that the Independent Police Investigative
Directorate (Ipid) had exonerated him from any involvement in the rendition,
and that he did not know why he was suspended.
Matojane said Ntlemeza was fully aware of the Ipid investigations
initiated in February 2012. The Ipid probe was submitted to the National
Prosecuting Authority for a decision.
“Ipid has advised the applicant (Sibiya) in writing that it did not
recommend that he should be prosecuted or suspended due to lack of evidence in
the commission of the alleged offences,” said Matojane.
“Third respondent (Ntlemeza) was repeatedly challenged to produce the
Ipid and the integrity unit reports and has refused to take the court and the
applicant (Sibiya) into his confidence by making the reports available because
they vindicate the applicant.”
The judge ordered Ntlemeza to pay Sibiya's legal costs.
Hawks spokesman Brigadier HangwaniMulaudzi said the police had a “very
serious case” against Sibiya.
“In due time the public will know what is going on. We are dealing with
senior counsel. There is certain information that we have said we are not
putting on the public arena for now,” said Mulaudzi.
“There are other cases that we are looking at. We will be able to put
these matters in front of everyone so that they know what we are talking
about.”
Last month, another High Court judge ruled that Police Minister
NkosinathiNhleko's decision to suspend Hawks boss AnwaDramat was invalid and
unlawful.
“The order which I make is the following: it is declared that the
decision of the minister of police to suspend Lt-Gen AnwaDramat, the national
head of the DPCI is unlawful and invalid,” Judge Bill Prinsloo found.
“It is declared that the decision of the minister, appointing Maj-Gen
BerningNtlemeza as acting national head of the DPCI is unlawful and invalid.
That decision is set aside.”
Earlier this month, the High Court in Pretoria dismissed Nhleko's
application for leave to appeal the overturning of Dramat's suspension.
Nhleko was ordered to pay the costs of the Helen Suzman Foundation
(HSF), which brought the application for Dramat's reinstatement.
The HSF had approached the court asking it to set aside Nhleko's
decision to suspend Dramat and the subsequent appointment of Ntlemeza.
Dramat was suspended on December 23, pending a probe into his alleged
involvement in the illegal rendition of four Zimbabweans in November 2010.
Sapa
