Court bid to have Hawks boss booted
Two organisations have turned to a high court in an attempt to stop Lieutenant-General Berning Ntlemeza from exercising any duties as head of the Hawks, for now.
|||Pretoria - Controversial Hawks boss Lieutenant-General Berning Ntlemeza must be urgently suspended from office, as his appointment was irregular.
This is according to the Helen Suzman Foundation (HSF) and Freedom Under Law (Ful) that on Tuesday turned to the high court in Pretoria for an urgent order interdicting Ntlemeza from exercising any duties as head of the Hawks, for now.
This will be pending an application at a later date to set aside the decision by Police Minister Nathi Nhleko to appoint Ntlemeza to the position.
Advocate Carol Steinberg, acting for the foundation and FUL, argued that Ntlemeza’s appointment was irregular and that it was in the best interests of the country to suspend his duties for now, until the court had finally pronounced on the issue on review.
She said his suspension would not be detrimental to the operation of the Hawks, as a deputy head could take over.
Irreparable harm would be caused if Ntlemeza was allowed to exercise his duties until a court had pronounced on the legality of his appointment, she said.
Daily he made decisions on who and who not to investigate. These decisions had serious implications. Once made, these decisions could not be reversed.
Ntlemeza was appointed as head of the Hawks seven months after high court Judge Elias Matojane made damning remarks regarding his character.
In overturning the suspension of then Gauteng head of the Hawks, Major-General Shadrack Sibiya, in February last year, the judge said Ntlemeza was “biased and dishonest” and that he “lacked integrity and honour”.
Ntlemeza, who was the acting head of the Hawks at the time, made false statements under oath when he suspended Sibiya, Judge Matojane said.
He added that Ntlemeza had a “contemptuous attitude towards the rule of law and the principles of legality and transparency”.
Judge Neil Tuchten on Tuesday time and again said he could find nothing in the applicants’ arguments which would suggest that if Ntlemeza remained in office until the review proceedings, it would cause the country irreparable harm.
“Where is the risk,” he asked.
The judge acknowledged that Judge Matojane made some remarks earlier, but said there were no findings at this stage against Ntlemeza.
“It is terrible to tell a man he could not do his job, but I will have to do what is just and equitable,” the judge said.
Steinberg argued that the public had the right to have a person, who holds public office, properly appointed.
Counsel for Ntlemeza and the minister both argued that the applicants were jumping the gun.
They argued that the applicants should wait for the review proceedings to be concluded and not to call for the general’s suspension at this stage.
Judge Tuchten was told that the applicants could ask for a preferential court date for the review proceedings, which could then swiftly be dealt with.
He was told it was up to the court to hear the review proceedings to decide whether his appointment was irregular or not and whether he should be removed from office or not. The judge late on Tuesday said this was a matter of national importance and called on the parties to make further submissions today before he prepared judgment.
zelda.venter@inl.co.za
Pretoria News