Shadrack Sibiya. Picture: PUXLEY MAKGATHO
Shadrack Sibiya. Picture: PUXLEY MAKGATHO

The high court in Pretoria will on Monday hear if the prosecution against former Hawks head Anwa Dramat, former Gauteng Hawks head Gen Shadrack Sibiya and top cop Lesley Maluleke will continue.

Dramat, Sibiya and Maluleke faced charges of organised crime, kidnapping, violations of the Immigration Act and obstruction of justice, following the alleged rendition of Zimbabwean nationals in 2010.

The three were charged in 2016, but the National Prosecuting Authority (NPA) had reportedly confirmed in September that the charges against Dramat had been withdrawn, and that the case would officially be withdrawn from the court roll on October 8.  

The charges against the three arose out of allegations that while Dramat was head of the Hawks, he, together with Sibiya and Maluleke, unlawfully handed over Zimbabwean fugitives to Zimbabwean police after they were arrested.

Dramat was suspended, but resigned in 2015 following a settlement, while Sibiya challenged his suspension at the bargaining council and in court.

Former head of the Hawks Mthandazo Ntlemeza was found to have lied in court during Sibiya’s challenge to his disciplinary, which led to a challenge by Freedom Under Law that finally saw him removed from office.  

Former provincial Hawks head for KwaZulu-Natal Maj-Gen Johan Booysen and a number of Cato Manor detectives will appear in the high court in Durban as well, where they will apply for the case against them to be struck off the roll.

Their application is based on the undue delay occasioned by the state. The accused have appeared about 18 times since 2012 and the case is yet to commence.

Booysen and his co-accused were arrested and charged with 116 counts, including racketeering, murder and attempted murder.

They were accused of operating a “death squad”.