The state will inform the court, whether or not it will continue seeking prosecution.
Former Hawks boss Anwa Dramat, Gauteng Hawks head Shadrack Sibiya and top cop Lesley Maluleke are expected to appear before the Pretoria magistrate’s court on Monday, 8 October 2018.
In 2010, the trio unlawfully handed over Zimbabwean nationals to law enforcement in Zimbabwe. Some of the victims later died.
A report, commissioned by then Police Minister Nathi Nhleko, found that Dramat should face criminal charges over the renditions.
The report by law firm Werksmans further recommended that Nhleko take action against The Director of the Independent Police Investigative Directorate (IPID) Robert McBride.
It also found that an initial report, commissioned by McBride, which cleared Dramat and Sibiya of any wrongdoing, had been doctored to protect them from accountability.
They were charged in 2016; McBride, Sibiya and Dramat were later suspended by Nhleko.
The Constitutional Court later ruled that McBride had been unlawfully suspended and subsequently ordered his reinstatement.
Dramat, whose suspension was also nullified, resigned in April 2015, claiming he had been targeted due to particular high cases which he was working on.
Last month, the National Prosecuting Authority, however, opted to withdraw the charges against Dramat.
“The NPA is of the view that his version, as contained in his representations, is reasonably and possibly true”, said NPA spokesperson Phindi Louw.
Meanwhile Sibiya and Maluleke face charges related to kidnapping, defeating the ends of justice and contravening the Immigration Act.
Thabo Baloyi
t.baloyi@politicalanalysis.co.za