Sibiya disappointed in NPA after charges provisionally withdrawn
8 October 2018
Former Gauteng Hawks boss Shadrack Sibiya has expressed disappointment in the National Prosecuting Authority (NPA) after charges against him were provisionally withdrawn, saying he was hoping for a permanent stay of prosecution.
"As the judge said, the matter is provisionally withdrawn. I can't say I am excited because we were charged based on false evidence," Sibiya said.
The State provisionally withdrew charges against Sibiya and former Hawks head Anwar Dramat in the North Gauteng High Court on Monday morning.
"We are sitting with false evidence that is in the docket and I don't see why the NPA has just withdrawn provisionally because I am telling you now the State won't proceed.
"This was a manufactured type of evidence in this case. I'm really not happy that it was provisionally withdrawn, because it is still hanging at the end of the day," Sibiya said.
Dramat and Sibiya were facing charges of organised crime, kidnapping, violations of the Immigration Act and obstruction of justice, following the extradition of five Zimbabweans wanted by police in that country.
NPA went against IPID recommendations
The State said it was withdrawing the charges after it received considered representations from Dramat and Sibiya.
Lieutenant Colonel Lesley Maluleke is still facing charges as prosecutor George Baloyi said the NPA was yet to receive representations from him.
Sibiya told reporters on Monday that he was not involved in the rendition matter, adding that there was no evidence against them to proceed with the matter.
Sibiya, who is currently the head of City of Johannesburg's anti-corruption unit, said he lost his job as Gauteng Hawks head as a result of the case.
"I owe lawyers and it becomes so easy for the State to just say: 'I'm withdrawing against General Sibiya and General Dramat'. I'm still saying even now, there is no evidence against myself and General Dramat," he said.
Meanwhile, spokesperson for Independent Police Investigative Directorate Moses Dlamini said the State's decision confirmed that the directorate's 2015 recommendations were correct.
"The NPA should never have proceeded with charges against General Sibiya and General Dramat," Dlamini said.