Sandile July of Werksmans Attorneys has explained to the State Capture Commission in Johannesburg why he recommended that one of three Independent Police Investigative Directorate (IPID) officials involved in the production of two reports be charged for defeating the ends of justice.

The reports in January and March 2014 related to the alleged illegal rendition of five Zimbabwean citizens by senior Hawks members in 2010.

The reports reached different conclusions about whether they should be prosecuted. There have been claims that the reports were used to purge top Hawks members during the President Jacob Zuma era.

The Werksmans report, commissioned by then Police Minister Nathi Nhleko, resulted in the suspension of IPID Head Robert McBride over the later report that cleared the top Hawks members.

July, in his report, found that the later report had been altered because certain statements had been deleted and recommendations changed.

“When you intentionally, deliberately, remove information which would assist the person that would make the decision, that is misleading. The justice that is supposed to happen is that the people who did the rendition must be brought to book. Now, when you do something to defeat that end, you write a report. Much as that report is meant to be a recommendation, but you deliberately write information that seeks to mislead the person that is supposed to make a decision. That, Chair, is a problem.”

Below is July’s testimony: 

Earlier this week, when he appeared before the commission, Nhleko said when he commissioned Werksmans Attorney to look into the matter of rendition of five Zimbabwean citizens in 2010, he was seeking to find out if there had been any misconduct by members of the Hawks.

He said he sought the assistance of the law firm after finding out that there were two reports by the Independent Police Investigative Directorate (IPID) on the matter with differing conclusions as to whether Anwar Dramat and Shadrack Sibiya should be prosecuted.

Below is Nathi Nhleko’s testimony at the State Capture Commission: