Police Minister Nkosinathi Nhleko is on Monday expected to approach the North Gauteng High Court to request leave to appeal its decision that reviewed and set aside the appointment of Hawks boss General Berning Ntlemeza.
“Minister Nhleko will be filing court papers on Monday 20 March 2017. The minister believes this latest development is in the best interest of justice and the continuing fight against crime and corruption in our country. Once the legal papers have been filed, more details on the grounds for the appeal will be furnished,” Nhleko’s office said on Monday.
The matter against Ntlemeza was brought to the high court in Pretoria by the Helen Suzman Foundation and Freedom Under Law (FUL), who asked the court to declare Ntlemeza appointment to head the Directorate for Priority Crime Investigation (Hawks) “irrational and unlawful”.
The High Court Judge Elias Matojane found in March 2015 that Ntlemeza, who was acting in the position at the time, “lacks integrity and honour” and had made false statements under oath. Conscientiousness and integrity are vital and necessary qualities for anyone to lead the Hawks.
The police minister, however, went ahead and appointed Ntlemeza to the position of head of the Hawks regardless of the court finding.
Last week Judges David Mabuse, Jody Kollapen and Selby Baqwa agreed with the two organisations that Ntlemeza’s appointment was “irrational and unlawful”. On Friday the court reviewed and set aside the appointment.
“The decision of the minister of 10 September 2015 in terms of which Major General Ntlemeza was appointed national head of the Directorate of Priority Crimes Investigations is hereby reviewed and set aside,” read the judgement.
However, Ntlemeza will remain in his job until the request for leave to appeal is finalised.
– African News Agency (ANA)