Ntlemeza loses court bid to return to work pending appeal
THE PRETORIA High Court has dismissed an urgent application filed by disgraced former Hawks boss Berning Ntlemeza, who wanted to return to work pending his appeal to the Supreme Court of Appeal (SCA).
“The applicant (Ntlemeza) is currently earning his full salary and, further, he is currently not performing any functions attaching to his employment. He has failed to show that he will suffer any prejudice by not having a work phone or car provided by his employer.
“As already mentioned, the appeal is already scheduled for hearing by the Supreme Court of Appeal on June 2, 2017. This will afford the applicant an opportunity to obtain substantial redress – if he is entitled to any,” Judge Sheila Mphahlele said as she delivered her ruling.
“Having regard to the findings I made in this judgment, I am of the view that this matter is not urgent and should be struck off the roll. I accordingly make the following order, that the matter is struck off the roll for want of urgency.
Ntlemeza’s representative, advocate Nceba Dukada, said Police Minister Fikile Mbalula had illegally and prematurely elbowed Ntlemeza out of office.
“If Your Ladyship (Judge Mphahlele) were to strike out this application today, it would be tantamount to saying that the perpetual illegal conduct of the first respondent (Mbalula), which is occurring daily since the filing of the Supreme Court of Appeals appeal, should be condoned, swept under the carpet and nothing should be done,” Dukada argued. On Wednesday, Ntlemeza requested that the judge bar Mbalula from blocking him from returning to work pending the outcome of the SCA action. Dukada argued that since Ntlemeza had filed the SCA appeal, that action automatically suspended the enforcement order of the High Court which removed him from office.
Dukada said Mbalula had, in the meantime, apart from barring Ntlemeza from work, also “confiscated” a service vehicle and other accessories from his client who served as head of the Hawks.