Johannesburg – Lieutenant-General Berning Ntlemeza’s lawyer Comfort Ngidi will turn to the courts on Tuesday to interdict Police Minister Fikile Mbalula from preventing their client from executing his duties in the Hawks.
This followed Ngidi’s insistence that Ntlemeza was still entitled to his job until the Supreme Court of Appeal has disposed of the matter.
Ngidi said the High Court’s decision in Pretoria 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 tomorrow (Tuesday) the process will be clearer,” saud Ngidi.
Earlier on Monday Fikile Mbalula addressed the media after reports emerged that Ntlemeza had sneaked back into the elite police unit's head offices in Pretoria.
Mbalula said there may be a possibility that a warrant of arrest will have to be issued to recoup Hawks possessions that Ntlemeza might still have and for unlawfully entering the offices.
Ntlemeza reportedly attended a management meeting on Monday then ordered someone to give him a car and a cellphone.Ntlemeza has created a stand-off with Mbalulala over his refusal to quit his job despite the minister ordering him to respect the decision of the court.
Ntlemeza's appointment was nullified by the High Court in Pretoria after the court ruled that its earlier finding that Ntlemeza was not a fit and proper person to lead the Hawks should come into immediate effect even though he has appealed the ruling.Subsequently, Mbalula also withdrew the appeal lodged at the Supreme Court of Appeal against the finding that Ntlemeza's appointment was "irrational and unlawful".
Ntlemeza was appointed permanently to the position by former Police Minister Nathi Nhleko in September 2015, despite Judge Elias Matojane having found that the general "lacks integrity and honour" and had lied under oath.
Subsequently, the FUL and Helen Suzman Foundation brought arguments before the court saying Ntlemeza was not fit and proper to hold office – the court agreed with them.
Last month the court ruled that Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy any public office, and declared his appointment invalid and unlawful. The then police minister Nhleko appealed the ruling.