The Independent on Saturday

Nhleko under spotlight

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PARLIAMENT’S watchdog committee on police will summon Police Minister Nathi Nhleko to a special meeting next month, following yesterday’s high court ruling setting aside the appointmen­t of Hawks head Berning Ntlemeza.

“We will obviously study the judgment, but have resolved to ensure we today apply for a special portfolio committee meeting, which will be held during the recess period on April 7, to discuss the matter in detail,” said Francois Beukman, chairperso­n.

Ntlemeza was appointed as head of the Directorat­e for Priority Crime Investigat­ion in September 2015, just months after Judge Elias Matojane of the High Court in Pretoria ruled that he “lacks integrity and honour” and had made false statements under oath. He was acting Hawks head at the time.

Last year, it emerged Nhleko had subverted the law by not informing Parliament timeously of Ntlemeza’s posting.

Beukman said Nhleko needed to deal with Friday’s court judgment as a matter of priority as the Directorat­e for Priority Crime Investigat­ion was integral in the fight against organised crime which “affects the lives of all South Africans”.

“It is critical the matter is addressed as a priority.”

In its judgment, the court with the applicants, the Helen Suzman Foundation and Freedom Under Law, found the appointmen­t of Ntlemeza was “irrational and unlawful”.

DISPLAYING the wisdom of Solomon, the Constituti­onal Court yesterday eased what could have potentiall­y been this country’s worst crisis in 22 years by granting the controvers­ial Cash Paymaster Services (CPS) a 12-month contract to continue to pay out social welfare grants.

Had it not done so, but kept to its original decision of almost three years ago, 17 million people would have been left destitute come April 1, their grants unpaid because the original contract given to CPS – under duress – would have expired the day before.

But this extension comes with terms and consequenc­es; chief among which is the return of the SA Social Services Agency to court supervisio­n, with three-monthly reportback­s and the onus upon Social Developmen­t Minister Bathabile Dlamini to show cause why she should not be saddled with the legal bill for this week’s court case.

There are some who would have thought Chief Justice Mogoeng Mogoeng’s excoriatin­g comments on her conduct faithfully relayed by media across all platforms would have been punishment enough. Now, though, she faces possible bankruptcy, a signal of just how appalled our country’s highest court has been about her conduct.

This week was another high water mark in the life of our courts – in the case of the Constituti­onal Court, stepping in to fulfil its sacred duty to the constituti­on. If it stands accused of governing the country by default, then that can only be because those who are supposed to be are derelict in their duty.

Also playing a watchdog role over an erring minister, the Pretoria High Court yesterday ruled that General Berning Ntlemeza, national head of the Hawks elite police unit, was unfit for office and set his appointmen­t aside as unconstitu­tional and invalid.

This all shows how important it is to have an independen­t judiciary.

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