The DA will write to the Minister of Police, Fikile Mbalula, urging him to exercise the power that he has in terms of section 17DA of the South African Police Services (SAPS) Act to suspend former Hawks head, Berning Ntlemeza, from the SAPS.
This suspension is imperative if Ntlemeza goes ahead and lodges an appeal against the High Court order that determined the setting aside of his appointment with immediate effect.
When Mbalula fired Ntlemeza last week as Head of the Hawks, he was simply enacting the North Gauteng High Court order. If Ntlemeza’s appeal has the effect of suspending that order, then Mbalula need not sit idly by. In terms of the SAPS Act, Ntlemeza can still be removed by Mbalula through a suspension from the SAPS.
Mbalula can provisionally suspend Ntlemeza pending an inquiry into his fitness to hold office in terms of section 17DA(2) of the SAPS Act.
Therefore, Mbalula has the power to keep Ntlemeza away from the Hawks regardless of the fact that he is appealing.
Having been previously found by the North Gauteng High Court to have acted in bad faith, that he was dishonest and acted without integrity, the DA have long held that Ntlemeza is not beyond reproach and cannot be given the huge responsibility to lead our country’s crime fighting unit.
The Hawks requires stability amongst its senior leadership which Ntlemeza is a threat to. Mbalula should accordingly not allow Ntlemeza to enter the Hawks building on Monday.