Berning Ntlemeza axed — again

19 September 2017 - 13:05 By Naledi Shange
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General Berning Ntlemeza. File photo.
General Berning Ntlemeza. File photo.
Image: Trevor Samson

General Berning Ntlemeza's legal battle to be reinstated to his position as Hawks boss is over and he is officially out of the South African Police Service.

In the latest round of this legal battle‚ the Supreme Court of Appeal dismissed Ntlemeza's bid to challenge his removal from his position.

A statement from Police Minister Fikile Mbalula's office, issued on Tuesday, said the Supreme Court of Appeal (SCA) had on September 15 concluded that Ntlemeza's appointment as the head of the Directorate for Priority Crime Investigation (DPCI) was nullified and had since been declared unlawful.

The court dismissed with costs Ntlemeza's application for condonation to the Supreme Court of Appeal‚ saying there was "no reasonable prospects of success on appeal and there is no other compelling reason why an appeal should be heard", Mbalula 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."

In his statement‚ Mbalula said he was guided by the South African Police Act‚ which set the retirement age at 60.

He said Ntlemeza was reaching retirement age anyway and wished him well in his future.

"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.

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

"I hope the finality of this matter will bring an end to any factionalism within the ranks of the police and I remind our members that Major-General Ntlemeza is henceforth on the outside. I demand that our members 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‚" Mbalula said.

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