The court declared his appointment unlawful and invalid.
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| Hawks head Mthandazo Berning Ntlemeza. Picture: Gallo |
A full bench of the High Court in Pretoria has set aside Police Minister Nathi Nhleko’s appointment of General Berning Ntlemeza as the head of the Hawks.
The ruling followed an application by lobby groups the Helen Suzan Helen Suzman (HSF) foundation and Freedom Under Law (FUL), which argued that Ntlemeza’s appointment was irrational and unlawful. The organisations turned to the county for relief after Ntlemeza’s appointment despite two scathing court judgments that described him as dishonest and lacking integrity.
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HSF’s Francis Antoine said in court papers if Ntlemeza could not be trusted even under oath, then there was a problem about his integrity and his ability to act independently without fear or favour.
The police minister defended the appointment, which was unanimously recommended by a committee consisting of the ministers of justice and police and the deputy police commissioner.
HSF and FUL relied on the adverse judgments as a basis for their application but the minister argued the judge’s remarks were merely made during the course of writing judgments and did not constitute findings or decisions by the court.
The organisations argued the committee did not have the full judgments before them when they recommended Ntlemeza for the top post.
Judge Elias Matojane made scathing remarks about Ntlemeza’s integrity in a 2015 judgment while Ntlemeza was the acting head of the Hawks, finding he had lied under oath.
Ntlemeza and HSF had faced off in court on several occasions after the suspension of former Hawks head Anwa Dramat for his alleged involvement in the unlawful rendition of a group of Zimbabweans to their country in 2010.
The KwaZulu-Natal Hawks head and Gauteng Hawks boss General Johan Booysen were also suspended for their alleged involvement in the rendition. Dramat has since resigned.
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