The Berning Hawks question

ORDINARY COP: HE SHOULD REPORT TO PHAHLANE

Possibility still exists the former Hawks boss will try to clock in this morning.

Will Lieutenant-General Mthandazo Berning Ntlemeza try to force his way into the Directorate of Priority Crime Investigation (DPCI) in Silverton, Pretoria, today?

Police Minister Fikile Mbalula’s spokesperson, Vuyo Mhaga, yesterday said Ntlemeza was no longer an employee of the DPCI – commonly referred to as the Hawks – and, as an ordinary member of the police, should instead be reporting today to acting national police commissioner Lieutenant-General Khomotso Phahlane.

Ntlemeza is reportedly adamant he will report for duty at the DPCI today, despite his appointment to the post being declared unlawful.

“His deployment has become an operational matter and General Phahlane will deal with it,” Mhaga noted.

He could not say if Ntlemeza had completed his handover to Lieutenant-General Yolisa Matakata as ordered by Mbalula when he appointed Matakata two weeks ago.

Ntlemeza has been on leave since his application for leave to appeal the damning North Gauteng High Court judgment, which reversed his appointment, failed before a full bench.

Mhaga would not be drawn on what would happen if Ntlemeza tried to enter the Hawks premises today, other than to say unless instructed otherwise by the courts, the issue remained the same.

The Democratic Alliance’s (DA) shadow minister of police, Zakhele Mbhele, said yesterday the party would urge Mbalula to suspend Ntlemeza if he appealed.

“This suspension is imperative if Ntlemeza goes ahead and lodges an appeal against the High Court order that determined the setting aside of his appointment with immediate effect,” Mbhele said, noting Mbalula had the power to do so in terms of the Police Act.

“Having been previously found by the North Gauteng High Court to have acted in bad faith, that he was dishonest and acted without integrity, the DA has long held that Ntlemeza is not beyond reproach and cannot be given the huge responsibility to lead our country’s crime-fighting unit.”

Mbhele added that he would be leading a picket outside the Hawks offices today.

Ntlemeza has reportedly filed papers with the Supreme Court of Appeal relying on a part of the Superior Courts Act which states “… unless the court under exceptional circumstances orders otherwise, the operation and execution of a decision which is the subject of an application for leave to appeal or of an appeal, is suspended pending the decision of the application or the appeal”.

The high court declared the judgment would remain in effect even if Ntlemeza appealed, thanks to a counter appeal from the Helen Suzman Foundation.