The inquiry into the illegal arrest and deportation of a group of Zimbabweans ruled on Friday that suspended Gauteng Hawks head Major General Shadrack Sibiya be dismissed for his role in the renditions.
Hawks spokesperson Brigadier Hangwani Mulaudzi quoted chairperson Mxolisi 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.”
Mulaudzi said both the Hawks’ and Sibiya’s legal representative had been notified of the decision, so he was “quite sure” Sibiya had been informed.
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 Berning Ntlemeza, who] will have to rubber stamp it,” he said.
“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 “vidicated” 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 had denied the claims, saying certain people were trying to get back at him for his investigation into murder allegations against former intelligence boss Richard Mdluli.
Sent at least 30 text messages
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.
He had also been in contact with former national Hawks head Anwa Dramat. This meant he knew about it and sanctioned it.
Zondo said he had had to determine whether Sibiya – in his capacity as head of the Hawks in Gauteng and overall commander of the Tactical Operations Management Section in the province – knew or ought to have known about the illegal renditions, and whether by conduct or omission, had sanctioned the activities.
Some witnesses claimed they saw Sibiya at the scene of the November 5 operation, in a dark BMW in Fourways Crossing and later at Diepsloot, but Zondo said this evidence was contradictory.
Zondo had also found it too much of a coincidence that Sibiya was at the Hawks’ Silverton offices on the day of the raids where a meeting was taking place between Dramat and Zimbabwean police, and found it unlikely that he would not have been informed of the operation or heard about it.
Dramat has since left office. News24