Police Minister Fikile Mbalula has directed the South African Police Service to start processing former head of the Hawks Mthandazo “Berning” Ntlemeza’s retirement with immediate effect.
A High Court ruling previously found Ntlemeza’s appointment was unlawful and invalid.
The matter between Ntlemeza and the SAPS has been what the police minister called a “marathon legal case”, eventually resulting in a damning high court ruling.
The Supreme Court of Appeal later ruled against Ntlemeza’s bid to appeal the high court judgment that set aside his appointment. The former police minister, Nathi Nhleko, had appointed Ntlemeza “irrationally”, as the court found that Ntlemeza had lied under oath and was not suitable for his job.
“The appeal is dismissed with costs including the costs of two counsel. The appellant is ordered to pay the costs personally,” the court judgment read.
The former head of the Directorate for Priority Crime Investigation (the Hawks) wanted to be reinstated while his application for leave to appeal was considered.
Ntlemeza had appealed against the High Court in Pretoria’s decision which found that his appointment was unlawful. He was declared unfit to hold any public office.
Mbalula said he had decided not to appeal any court decision in Ntlemeza’s case.
“Upon studying and interpretation of the court order, it is conclusive that General Ntlemeza appointment as the Head of [Hawks] has been nullified and declared unlawful.
“With this decision of the SCA [Supreme Court of Appeal], I am directing SAPS to commence processing General Ntlemeza’s retirement with immediate effect as if he had retired at the age of 60 but at a level of Major-General and not as a Lieutenant-General he was promoted to upon his now defunct appointment.”
The police minister said he hoped the matter would end factionalism in the SAPS.
“I remind our members that Major-General Ntlemeza is henceforth in the outside, I demand that our members must do their work professionally and disabuse the notion of being ‘so-and-so people’ or in rogue cabals. I expect results in all the priorities I have set for the DPCI.”
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