Mbalula to meet Hawks on fired Ntlemeza

Police Minister Fikile Mbalula is on Thursday expected to meet the leadership of the serious commercial crimes unit, the Hawks, a day after the dismissal of its boss, Berning Ntlemeza.

In a day filled with drama, a full bench of the High Court in Pretoria tossed out Ntlemeza’s application for leave to appeal against an earlier ruling that he was dishonest and unfit to lead the elite crime-fighting unit.

Judges Peter Mabuse, Selby Baqwa and Jody Kollapen in a unanimous ruling ordered in favour of civic society organisations saying that his immediate removal was in the public interest. They also awarded costs against the minister.

A key ally of President Jacob Zuma, Ntlemeza was at the forefront of the botched prosecution of former finance minister Pravin Gordhan over the socalled South African Revenue Service (SARS) “rogue unit”.

Ntlemeza was appointed head of the Hawks in September 2015, despite then police minister Nathi Nhleko being aware of judgments questioning his fitness to hold office.

In March 2015, high court Judge Elias Matojane ruled that Ntlemeza “lacks integrity and honour” and had made false statements under oath. Matojane made the comments in a judgment overturning the suspension of then Gauteng Hawks head Shadrack Sibiya.

The bench also agreed with the Helen Suzman Foundation that the prospects of success in a higher court should see Ntlemeza leave office immediately.

Ntlemeza may still petition the Supreme Court of Appeal, and even go to the Constitutional Court, but this would only be to “save his reputation”, Freedom Under Law’s legal counsel Carol Steinberg said.

Ntlemeza’s problems began

almost immediately on Wednesday, when lawyers representing Mbalula withdrew their support for Ntlemeza’s court bid.

Mbalula’s predecessor‚ Nhleko, had supported Ntlemeza through his court affidavits. He said Ntlemeza had fully appraised him of two judgments from 2015 that called into question his integrity and honesty.

In a case that brought into question judicial versus executive discretion, Ntlemeza’s legal counsel, Nceba Dukada SC, argued that Nhleko had sufficiently weighed the judgments against Ntlemeza.

This was dismissed by civic organisations, with Steinberg saying the rulings stood until they were overturned. No effort had been made by Ntlemeza to challenge findings against his character, she said.

“Those judgments have never been challenged up until now. If it were me, I would go running to the next court, saying that I was innocent.”

The withdrawal of the appeal by Mbalula did not significantly affect proceedings.

The court agreed that Nhleko’s submissions stood. Freedom Under Law argued that any cost orders should now be directed personally against Nhleko.

“This is a matter of principle, as it effects the taxpayers,” said Steinberg. The bench awarded costs in favour of the applicants.

The South African Police Service did not comment.