Mbalula gives up on Hawks boss

Police Minister Fikile Mbalula has withdrawn his appeal against the judgment that set aside the appointment of Berning Ntlemeza as head of the Directorate for Priority Crimes Investigations (Hawks).

Mbalula’s office said in a statement that the appeal was withdrawn in the Supreme Court of Appeal on Wednesday.

“The minister of police will on Thursday meet the top management of the Hawks and inform them of his decision,” police spokesperson Vuyo Mhaga said.

Shortly after being appointed minister of police in a controversial Cabinet reshuffle by President Jacob Zuma, Mbalula signalled his intention to accept the high court ruling.

“I think in the police we are not running short of men and women; nobody is irreplaceable here. Anybody can be replaced in the police. I’m not prepared to waste time about General Ntlemeza until Christmas,” Mbalula said last week.

Ntlemeza was appointed by former police minister Nathi Nhleko as the Hawks acting head in December 2014 and then permanently in September 2015.

Civic organisations Freedom Under Law and the Helen Suzman Foundation approached the courts last year to have the appointment declared invalid, arguing that the position required integrity and honesty, and Ntlemeza had been found wanting.

Their case was partially based on a stinging rebuke in March 2015 by high court Judge Elias Matojane, who said in a judgment that Ntlemeza was dishonest, lacking in integrity and dishonourable.

“In my view, the conduct of the third respondent [Ntlemeza] shows that he is biased and dishonest. To further show that the third respondent is dishonest and lacks integrity and honour, he made false statements under oath.”

After their initial urgent bid failed, the organisations once again approached the high court in Pretoria at the end of last year and won their case.