NPA declines to prosecute Hawks four over SARS boardroom drama

THE National Prosecuting Authority has declined to prosecute four Hawks members accused of holding suspended South African Revenue Service official Vlok Symington hostage in a boardroom last year.

Nearly a year after the Independent Police Investigative Directorate (Ipid) recommended criminal charges relating to kidnapping‚ assault and intimidation against the four – Brigadier N Xaba‚ Colonel HW Maluleka‚ Lieutenant-Colonel S Palaza and Captain MF Sewele – the NPA has told Ipid there is no prospect of a successful prosecution.

In a letter dated October 24‚ addressed to the Ipid chief director of investigations‚ which TimesLIVE has seen‚ Gauteng acting public prosecutions director George Baloyi said Symington’s various statements over the incident were contradictory.

Ipid spokesman Moses Dlamini confirmed yesterday that Ipid had received the letter.

Symington‚ who was suspended on charges relating to the boardroom drama‚ has taken the fight for his job to the Pretoria High Court.

An internal disciplinary hearing was postponed last week pending the outcome of court proceedings.

Symington has alleged he is being hounded for his role in revealing how the Hawks allegedly engineered charges against former finance minister Pravin Gordhan.

During the standoff‚ Symington had refused to hand over documents to Hawks investigators and SARS commissioner Tom Moyane’s bodyguard‚ Thabo Titi.

Symington told Ipid that SARS and the Hawks allegedly conspired to withhold documentation that would have prevented the NPA from charging Gordhan.

The NPA charged Gordhan with fraud for approving an early retirement payout to former SARS commissioner Ivan Pillay.

In 2009‚ Symington‚ a legal expert‚ wrote a memo advising it was lawful for Pillay to retire early and access his pension.

This memo was withheld, and when it emerged‚ NPA national director Shaun Abrahams was forced to withdraw the charges. – TimesLIVE