Judge Elias Matojane claims there was indisputable evidence that Berning Ntlemeza ignored.
JOHANNESBURG – The High Court in Pretoria found that acting Hawks boss, Berning Ntlemeza, ignored crucial evidence exonerating the unit’s Gauteng head, Shadrack Sibiya, when deciding to suspend him.
The suspension has now been declared unlawful and invalid, allowing Sibiya to return to work immediately.
Ntlemeza suspended his subordinate for his alleged involvement in the illegal rendition of Zimbabwean prisoners several years ago.
Judge Elias Matojane claims there was indisputable evidence that suggests Sibiya was not involved in the illegal rendition of Zimbabwean prisoners – evidence Ntlemeza ignored.
“There is therefore no basis for suggesting that the applicant’s continued presence in the work place will be prejudicial to the investigations.”
The judge said Ntlemeza was repeatedly challenged to produce the Ipid and internal integrity report into Sibiya’s conduct.
“He has refused to take the court and the applicant into his confidence by making the reports available because they vindicate the applicant.”
The Hawks said it would study the judgment before deciding on their next step.