Dramat suspension heads back to court

Police Minister Nkosinathi Nhleko is convinced that the Helen Suzman Foundation is not entitled to bring an application to enforce last Friday’s Pretoria High Court order that the decision to suspend the head of the Hawks was unlawful.

This is one of the submissions made by Nhleko as he opposes the application by the foundation to enforce the order made by Judge Bill Prinsloo.

The foundation wants to order the minister to abide by the Prinsloo order pending the outcome of any leave to appeal application and appeal.

Lietenant-General Anwa Dramat’s suspension on December 23 was linked to allegations that he was involved in the illegal rendition in 2010 of Zimbabwean nationals wanted in that country for crimes.

On the same day that Prinsloo passed his judgment, which also set aside Nhleko’s decision to appoint Major-General Berning Ntlemeza as acting head of the Hawks, the minister applied for leave to appeal against it.

However, the foundation launched its application to enforce the Prinsloo order on Monday this week and this application will be heard tomorrow.

The foundation on Monday also applied to the Constitutional Court for direct access to it, seeking the same relief as it sought in the high court.

In his answer to the foundation's high court application, Nhleko said that there was no order that Dramat was reinstated and that he was required to resume his duties.

Nhleko said it was not clear to him what interest the foundation had in Dramat returning to work when Dramat himself had not brought an application to return to work.

The minister said the obsession by the foundation that Dramat return to work was misguided because the foundation cannot force Dramat to return to work if he wanted to resign or to take early retirement.

“What is known is that Dramat wants to take early retirement and wants to negotiate his early exit with me,” Nhleko said.

He also said the foundation had no right to decide on behalf of Dramat on what was best for him.

Nhleko also expressed concern that the foundation did not say a word about the seriousness of allegations against Dramat and the fact that Zimbabwean nationals were unlawfully deported, tortured and killed in Zimbabwe by Zimbabwean police officers after they were handed over by the police officers.