Ntlemeza must be removed from office immediately, says HSF

While South Africans remain in a pensive thrall over “Operation Check Mate”, a so-called intelligence “report” on the real reasons Finance Minister Pravin Gordhan apparently went on his road show which was on Thursday widely ridiculed, a fight to free aspects of the security cluster from alleged corruption is also building.

This one, at least, is taking place before the courts which lends the war gravitas, few leaked “intelligence dossiers” have enjoyed.

The Helen Suzman Foundation (HSF) and Freedom under Law (FUL) this week warned Police Minister Nkosinathi Nhleko in their counter application, that his application for leave to appeal last week’s damning indictment of Hawks boss Mathandazo Ntlemeza would be a waste of State resources.

The NGOs also warned they would be asking for costs to be awarded personally against Nhleko, saying his action had created a “constitutional crisis.”

“Ntlemeza can … never be exonerated in current proceedings, and the leave to appeal applications cannot succeed. He must be removed from office forthwith,” said HSF’s Kalim Rajab in the counter application.

Rajab also wants Ntlemeza Ntlemeza – recently prayed for by Paseka Motsoeneng aka “Pastor Mboro” – removed pending any appeals.

In their judgment, Justices Mabuse, Kollapen, and Baqwa fulminated against police minister Nhleko’s failure to properly evaluate “judicial findings” Ntlemeza had “violated constitutional rights”, was “biased, dishonest, lacked integrity and lacked honour; had a contemptuous attitude towards the rule of law and the principle of legality and transparency; and refused to abide by or implement orders of Court, which are binding”, and removed Ntlemeza from his post.

The application for leave to appeal by Nhleko – never one to retire gracefully – put Ntlemeza right back at his desk.

Replete with “The full court erred” ’s and disputing the High Court’s jurisdiction on the matter, Nhleko – utilising The State Attorney – believes the Supreme Court of Appeal may find differently.

It’s a court where Nhleko has lost before; in May 2015 the SCA confirmed a High Court ruling by Judge Bill Prinsloo the suspension of then Hawks boss Lieutenant General Anwar Dramat was invalid.

Prinsloo also found Nhleko’s decision to appoint Ntlemeza unlawful and invalid.

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