Court blocks Ntlemeza return
Judge affirms Mbalula right to suspend him
Controversial former Hawks boss Lieutenant-General Berning Ntlemeza will remain out in the cold, at least for now.
The North Gauteng High Court in Pretoria yesterday dismissed Ntlemeza’s urgent application to interdict Police Minister Fikile Mbalula from blocking his return to office.
Ntlemeza was also ordered to pay the costs of lawyers involved in the application.
In her judgment, Judge Sheila Mphahlele cited a string of court findings on Ntlemeza’s character, concluding they were sufficient to keep him away from the Hawks.
“In my view, the interest of justice in this matter far outweighs any harm that may be suffered by the applicant,” said Mphahlele.
Ntlemeza, through his lawyer Nceba Dukada SC, had argued before Mphahlele that Mbalula’s eagerness to keep him out of office humiliated him.
Mbalula suspended him last month. This move followed a court order that affirmed a March ruling that said Ntlemeza should be removed from the Hawks because he was dishonest.
Ntlemeza maintained he should return to office because he has lodged an appeal at the Supreme Court of Appeal. This will be heard on June 2.
Mphahlele reminded Ntlemeza that the April and March rulings were related to one in 2015, by Judge Elias Matojane, that said Ntlemeza “lacks integrity and honour”.
“The court also noted that a petition to the Supreme Court of Appeal for leave to appeal against Judge Matojane’s findings was dismissed and there was no further appeal against this finding,” Mphahlele said.
“The court pointed out that the applicant’s dishonesty and lack of integrity permanently disqualified him from being appointed to any public office.
“The court further stated that it cannot allow a person it regards as unfit for any public office to continue in high public office for one day longer than is necessary,” she said.
Director of the Helen Suzman Foundation, Francis Antonie, told Sowetan that Matojane’s ruling will always weigh heavily against Ntlemeza.
The foundation won the application that forced Mbalula to remove Ntlemeza.
Said Antonie: “Twice, a full bench of three judges came to the same conclusion [that he is not fit and proper for public office].
“That’s quite a heavy finding. It’s a weighty judgment.”
But Ntlemeza’s attorney, Comfort Ngidi, said they remained certain of victory next month.