Hawks boss won't sue

24 March 2015 - 10:14 By LOYISO SIDIMBA

A lawyer for Gauteng Hawks boss Major-General Shadrack Sibiya says it is up to police top brass to act against the acting head of the organised crime and corruption-busting unit, Major-General Mthandazo Ntlemeza, for lying in court. Yesterday, a Pretoria High Court judge dismissed Ntlemeza's application for leave to appeal a judgment reinstating Sibiya, who had been suspended for his alleged role in the illegal rendition of four Zimbabwean nationals in 2010.The four were accused of killing a police officer and some of them were allegedly tortured and murdered by Zimbabwean police.After suspending Sibiya in January, Ntlemeza appointed Major-General Nhlamvu Dlamini as his replacement.The judge, Elias Matojane, described Ntlemeza as "dishonest, lacking integrity and honour" and said he had made "false statements under oath", a criminal offence.Ntlemeza had elected to withhold from the court the Independent Police Investigative Directorate report and a docket that was in his possession, which would have enabled the court to make a proper assessment of the strength or otherwise of the case against Sibiya, the judge said.But lawyer Victor Nkhwashu said he had no instruction from his client Sibiya that charges of perjury should be laid against Ntlemeza."His employer must make a decision based on his lying under oath," Nkhwashu told the Sowetan newspaper. He said it was entirely up to the police.Sibiya is recuperating after a car accident last week and Nkhwashu said he was not sure when his client would return to work as ordered by the judge.The Independent Police Investigative Directorate is said to have two reports on the illegal rendition of the Zimbabweans, with the first said to be damning of Sibiya, his suspended boss Lieutenant-General Anwa Dramat, Colonel Leslie "Cowboy" Maluleke, Captain Sipho Nkosi, Warrant Officer Jacob Makoe and Constable Paul Radebe.The Hawks suspended all six men between December and last month, but Sibiya told the court the investigative directorate had exonerated him from involvement in the illegal renditions.Hawks spokesman Brigadier Hangwani Mulaudzi could not be reached for comment.National police spokesman Lieutenant-General Solomon Makgale said he was not aware of the judgment but would obtain a copy and it would be studied before police management decided on future action.

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