The battle between ex-Hawks head Berning Ntlemeza and Police Minister Fikile Mbalula looks set to intensify, with the former vowing he will take to the courts to ensure he can continue working.
Ntlemeza’s lawyer, Comfort Ngidi, confirmed he would today attempt to interdict Mbalula from preventing Ntlemeza from executing his duties at the Hawks.
This followed Ngidi’s insistence that Ntlemeza was entitled to his job until the Supreme Court of Appeal (SCA) has disposed of the matter.
Ngidi said the high court in Pretoria’s decision to axe Ntlemeza would not apply because the appeal in the SCA was still pending. However, he wanted Ntlemeza to remain in the job.
“I have already instructed the advocate to prepare papers. By the end of business on Tuesday, the process will be clearer,” said Ngidi.
He would not say whether Ntlemeza was paying the legal costs from his own pocket.
However, Mbalula’s spokesperson, Vuyo Mhaga, confirmed that the state was not covering the legal costs for Ntlemeza. Mhaga said Ntlemeza was paying the legal fees from his own pocket.
An analyst warned that the stand-off between Ntlemeza and Mbalula would further damage the Hawks' credibility.
Professor Roger Southall of Wits University said the unit’s image was already damaged over its poor prosecution record in the recent past.
“I think its credibility is fragile as we know from the statistics the number of prosecutions is lower than that of the Scorpions,” he said.
The Ntlemeza affair had added to the woes of the Hawks, Southall said, adding it would be difficult for the unit to recover from this.
Also yesterday, Parliament's portfolio committee on police called on Ntlemeza to respect the judgments of the courts.
Committee chair Francois Beukman said Ntlemeza could not be a law unto himself.
“The committee maintains our point of view that there is a court decision by the high court that that appointment is invalid,” said Beukman.
He said Ntlemeza must respect that decision of the court and the fact that Yolisa Matakata was the acting head of the Hawks.
Beukman also said he would look at the DA's request for an urgent meeting of the committee to deal with the Ntlemeza matter.
The DA has proposed that an inquiry be conducted into the fitness of Ntlemeza to hold office. This would be done in tandem with the court appeal by Ntlemeza.
DA spokesperson on police Sizakele Mbhele said the inquiry would set the record straight. He said the committee had the power to act in matters of this kind, and they would have to act urgently.
At a press conference in Pretoria, Mbalula hit out at Ntlemeza, saying the former Hawks head’s misconduct would not stop him from doing his job.
Mbalula said he was appointed to mobilise and fight against crime, but instead he had to act on Ntlemeza’s refusal to toe the legal line.
“My job isn’t just Ntlemeza. I’ve got a bigger job; he can’t be a deviation from what I have to do,” said Mbalula.
Addressing the media at the Directorate for Priority Crime Investigation offices in Silverton, Mbalula pulled no punches.
He revealed that Ntlemeza had barged into a management meeting yesterday morning and ordered the head of supply chain management to give him a car.
“The president gave me this portfolio to fight crime in the country, not to be entangled in a Mbalula and Ntlemeza movie. We are running a country here, not a production company,” said Mbalula.
He assured journalists that there was no need for panic and that he, together with the courts, would deal with Ntlemeza decisively.
“I have instructed acting national commissioner Khomotso Phahlane to find the car and state cellphone and be brought back to the state,” said Mbalula.
He said if that failed, a warrant of arrest would to be issued.
Mbalula was, however, at pains to explain that there was no fight between the ministry and SAPS or the Hawks‚ and that the court order was being implemented.
Meanwhile, it was reported that Ntlemeza had returned the state vehicle and cellphone to the Hawks on Monday afternoon.