‘I want to exit gracefully’
Embattled Hawks boss says Mbalula denigrates, ridicules and humiliates him
I do not deserve this ridicule
POLICE Minister Fikile Mbalula might have shot himself in the foot when he made some unsavoury remarks about ousted Hawks boss Major-General Berning Ntlemeza this week.
This is if Ntlemeza’s latest legal bid seeking to interdict Mbalula from preventing him from continuing with his duties pending the outcome of his appeal against the ruling by the high court in Pretoria is anything to go by.
In his papers filed yesterday, Ntlemeza lay into Mbalula, accusing him of being on the “warpath” and of being hostile towards him.
“I do not deserve to be made an object of contempt and ridicule, particularly by a very senior official of the state like the police minister. I am in the afternoon of my career as a policeman and would like to exit the SAPS gracefully,” he said.
He said the court’s ruling that found his appointment irrational and invalid was “fatally defective”. He argued the court did not have the jurisdiction to remove him from office, and that such a ruling should have been communicated in writing to Parliament within 14 days.
“It is clear from the provisions of section 17DA of the SAPS Act that a court does not have jurisdiction to remove me from office as the national head of the DPCI (Directorate for Priority Crime Investigation). I am advised by my legal representative that the full court, in granting the enforcement order, with respect, usurped the peremptory official process set out in section 17D of the SAPS Act.” In his court papers, Ntlemeza makes several demands that would see him immediately return to the elite crime-fighting unit’s headquarters.
The expelled Hawks boss wants the minister interdicted from preventing him from entering the office of the national head of the DPCI in Silverton, Pretoria.
Ntlemeza also wants an order interdicting Mbalula from interfering with his “performance of official duties as the head of DPCI”.
He added that the minister should be interdicted from making public statements which “embarrass, humiliate, degrade and undermine” him, and which subject him to “contempt and ridicule”.
Ntlemeza also wants the court to order the minister to return his official vehicle and cellphone because without these he could not attend to his official meetings. He further wants the court to order he remain head of the Hawks pending the outcome of appeal proceedings before the Supreme Court of Appeal (SCA).
In an unusual move, Ntlemeza wants Mbalula to pay for this application from his own pocket.
The high court in Pretoria earlier ordered that Ntlemeza vacate his office after his appointment as head of the Hawks was declared unlawful and invalid. Two judges found his appointment was unlawful as he was guilty of misconduct. The court’s pronouncements were made before former police minister Nathi Nhleko in 2015 appointed him as head of the Hawks.
Ntlemeza, who in his latest affidavit refers to himself as “a national head of the DPCI”, earlier this month asked the court for leave to appeal the judgment, but this was turned down. The court further granted an order in favour of the Helen Suzman Foundation that its judgment in the main application remained in force, even though he planned to approach the SCA directly for leave to appeal.
Ntlemeza, in his affidavit, said this order was “fatally defective” as he had the right to appeal to the next highest court (SCA).
He said the court could not enforce its order without immediately giving reasons for its ruling.
A full bench (three judges) earlier this month ordered that its order remained in force, but it did not give any reasons for its order. It was said that reasons would follow at a later stage. Thus, Ntlemeza argued, the enforcement order was automatically suspended pending the outcome of the appeal.
Ntlemeza said that when he reported for duty this week, he was met by Mbalula, who was holding a press conference.
“He lambasted me in front of journalists, stating that he does not recognise me as the national head of the DPCI because the judgment is operational and he is executing it. He even disputed that I have filed an appeal against the dismissal of the application for leave to appeal and the enforcement order,” Ntlemeza hit back.
He said the minister had banned him from entering the premises of the DPCI. “He is determined not to recognise me as head of the DPCI.”
He accused Mbalula of disrespecting legal process and called his behaviour towards him “weird”. He said Mbalula’s remarks towards him were “most hurtful”.
“I have served my country as a policeman loyally, patriotically and with distinction over a period in excess of 30 years. I do not deserve to be made an object of contempt and ridicule…”
His application was set down for a hearing on Tuesday next week.
The minister was given until then to file opposing papers.