Police Ministry wants Ntlemeza to pay back Hawks head benefits

19 September 2017 - 16:09 By Naledi Shange
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now
File photo of Berning Ntlemeza.
File photo of Berning Ntlemeza.
Image: Sowetan / Antonio Muchave

The office of Police Minister Fikile Mbalula wants Major-General Berning Ntlemeza to pay back the benefits he received during his tenure as head of the Hawks.

This after the Supreme Court of Appeal ruled that his appointment should be set aside.

Police Ministry spokesperson Vuyo Mhaga confirmed that the police would be pursuing a civil claim suit to recoup the money Ntlemeza earned in his stint as Hawks head. He was appointed to the position in September 2015. "Yes ‚ [a] civil claim will be pursued‚" Mhaga responded.

Asked to clarify‚ he said: "He will be asked to pay back whatever benefits he received in his rank as Lieutenant-General‚" he said.

In an earlier statement‚ Minister Fikile Mbalula said he was placing Ntlemeza under retirement.

His retirement payout would be also be based on his rank as Major-General and not the Lieutenant-General position which the court has since set aside‚ declaring the appointment unlawful.

"With this decision of the SCA‚ 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 [as] he was promoted to upon his now defunct appointment‚" Mbalula said.

He said he was guided by the South African Police Act‚ which set the retirement age at 60 and Ntlemeza was reaching this age anyway.

Ntlemeza's battle for his post began when Freedom Under Law‚ the Helen Suzman Foundation and other parties challenged his promotion which he had been given by former Police Minister‚ Nathi Nhleko.

They argued that Ntlemeza was unfit for the position and based their case on a finding that Ntlemeza had withheld information from the court in the case involving his dismissal of Gauteng Hawks head Shadrack Sibiya.

They also alleged that his management of the Hawks found him clashing with various political opponents of President Jacob Zuma such as SACP leaders and former minister of finance Pravin Gordhan.

The SCA found said: "The implications of the court order are that: 1. The petition against the order of March 17 2017 that set aside General Ntlemeza’s appointment as national head: DPCI has been dismissed. 2. His employment contract has also been set aside and should be treated as if it [was] never obtained."

Mbalula said following the order‚ he was placing Ntlemeza on retirement.

Lieutenant-General Yolisa Matakata will remain the acting head of the DPCI while a permanent replacement is found‚ said Mbalula.

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now