THE suspension of Hawks head Anwa Dramat was declared unlawful and set aside by the High Court in Pretoria on Friday.
The effect of the judgment is that Lt-Gen Dramat may return to work immediately.
While Police Minister Nathi Nhleko has insisted that the suspension was in order to investigate rendition allegations, Lt-Gen Dramat has said this is a smoke-screen, that he is being "pushed out", and that he had been pursuing sensitive investigations into "very influential persons". This had led to "massive resentment" against him, said Lt-Gen Dramat.
But the judgment did not make any findings on why Lt-Gen Dramat was suspended and was a decision based on law. Judge Bill Prinsloo said the minister did not have the power to suspend the head of the hawks unless a process for his removal had been initiated by Parliament.
This followed a judgment of the Constitutional Court last year which — in order to make the South African Police Service Act constitutional — deleted the section that allowed the minister to suspend the head of the Hawks.
Judge Prinsloo said that the argument made by the minister’s counsel, William Mokhari SC, in court was "interesting and, at first blush, attractive".
Mr Mokhari had argued that the Constitutional Court’s judgment could not be interpreted to prohibit the minister from suspending the head of the Hawks as it would be an abrogation of his political oversight role. The minister still retained the right to suspend, but under the Public Service Act, argued Mr Mokhari.
But Judge Prinsloo could find "no support whatsoever" for this argument. Following the Constitutional Court’s judgment, the SAPS Act said — "in peremptory terms" that the Hawks head can only be removed under the SAPS Act.
"There is no room whatsoever for the minister’s argument that he can, somehow, still suspend the head," said the judge.
The judge also set aside the appointment of Berning Ntlemeza as acting Hawks Head.
Lt-Gen Anwa Dramat. Picture: TREVOR SAMSON
THE suspension of Hawks head Anwa Dramat was declared unlawful and set aside by the High Court in Pretoria on Friday.
The effect of the judgment is that Lt-Gen Dramat may return to work immediately.
While Police Minister Nathi Nhleko has insisted that the suspension was in order to investigate rendition allegations, Lt-Gen Dramat has said this is a smoke-screen, that he is being "pushed out", and that he had been pursuing sensitive investigations into "very influential persons". This had led to "massive resentment" against him, said Lt-Gen Dramat.
But the judgment did not make any findings on why Lt-Gen Dramat was suspended and was a decision based on law. Judge Bill Prinsloo said the minister did not have the power to suspend the head of the hawks unless a process for his removal had been initiated by Parliament.
This followed a judgment of the Constitutional Court last year which — in order to make the South African Police Service Act constitutional — deleted the section that allowed the minister to suspend the head of the Hawks.
Judge Prinsloo said that the argument made by the minister’s counsel, William Mokhari SC, in court was "interesting and, at first blush, attractive".
Mr Mokhari had argued that the Constitutional Court’s judgment could not be interpreted to prohibit the minister from suspending the head of the Hawks as it would be an abrogation of his political oversight role. The minister still retained the right to suspend, but under the Public Service Act, argued Mr Mokhari.
But Judge Prinsloo could find "no support whatsoever" for this argument. Following the Constitutional Court’s judgment, the SAPS Act said — "in peremptory terms" that the Hawks head can only be removed under the SAPS Act.
"There is no room whatsoever for the minister’s argument that he can, somehow, still suspend the head," said the judge.
The judge also set aside the appointment of Berning Ntlemeza as acting Hawks Head.
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