Ntlemeza goes to the SCA instead of to the office
Last week the Pretoria High Court dismissed Ntlemeza’s leave to appeal a previous court order that set aside his appointment as the head of the Hawks.
Berning Ntlemeza, who was removed from his position as head of the Directorate for Priority Crime (better known as the Hawks) by a high court order last week, will be taking his appeal to the Supreme Court of Appeal.
Last week the Pretoria High Court dismissed Ntlemeza’s leave to appeal a previous court order that set aside his appointment as the head of the Hawks.
In March, the court found that then Police Commissioner Nathi Nhleko had ignored two court rulings against Ntlemeza when he appointed him to the position.
The Court found that the judgements constituted “direct evidence” that Ntlemeza lacked the honesty, integrity and conscientiousness needed to hold public office.
In accordance with the court ruling, newly appointed Police Minister Fikile Mbalula fired Ntlemeza. Following media reports last week quoting Ntlemeza as saying that he would be reporting for duty as usual on Tuesday morning, Mbalula warned the axed chief that the law would be executed should he attempt to retake his office.
Ntlemeza’s lawyer, Comfort Ngidi, however, said that papers were being prepared for submission before the Supreme Court of Appeal to challenge the judgement that invalidated his appointment.
Ngidi told News24 that Ntlemeza would be reporting for duty, because the Superior Courts Act 10 of 2013 – Section 18 allows for the suspension of the execution of a decision which is the subject of an appeal pending the decision of the appeal.
Therefore, the he believes that his client is entitled to return to work until his appeal is heard in the Supreme Court.
Mbalula has in the interim appointed Lieutenant-General Yolisa Matakata to replace Ntlemeza.
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