Court reserves judgment on bid to suspend Ntlemeza

06 April 2016 - 16:23 By Ernest Mabuza

The Helen Suzman Foundation and Freedom Under Law were on Wednesday given another chance to make further submissions in their application for the immediate suspension of Hawks boss Berning Ntlemeza‚ pending a review of his appointment at a later date. Although advocates for police minister Nkosinathi Nhleko and Ntlemeza opposed the application‚ Judge Niel Tuchten allowed the further submissions‚ stating that he did not think there would be prejudice to Nhleko and Ntlemeza.After hearing all the submissions‚ the court reserved judgment.Unterhalter said the organisations had established that there was a strong case that Ntlemeza was unlawfully appointed. He said there had been pronouncements in two court judgments passed last year which showed that Ntlemeza acted without integrity and that he used his powers to achieve impermissible ends.There would be harm in allowing him to remain in office‚ he said.These judgments dealt with the manner in which Ntlemeza suspended the Hawks head in Gauteng‚ Shadrack Sibiya‚ and his KwaZulu-Natal counterpart‚ Johan Booysen."If one has regard to both of these judgments‚ the courts make it plain that [Ntlemeza] has conducted himself in a way that shows he uses his office in a manner that is abusive‚" Unterhalter said.Unterhalter said Judge Elias Matojane found that Ntlemeza's suspension of Sibiya was taken in bad faith."There is a real apprehension of harm in this person occupying this office‚" he said.William Mokhari SC‚ for the minister‚ contended that the organisations had not demonstrated irreparable harm if Ntlemeza was allowed to remain in office.Mokhari also asked Tuchten to look at the judgment in the Booysen matter carefully.Mokhari‚ who was representing Ntlemeza in that case‚ told Tuchten that when the matter was argued‚ counsel for Booysen told the judge hearing the matter that he would only deal with the questions of legality and rationality. He said the question of ulterior motive was not dealt with in court...

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