Judgment reserved in Dramat leave to appeal

2015-02-02 11:16

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Judgment in an application for leave to appeal a decision to overturn Hawks boss Anwa Dramat’s suspension was reserved today.

North Gauteng High Court Judge Bill Prinsloo said he would attempt to give judgment as soon as he could and added that all parties would be informed.

Police Minister Nathi Nhleko felt another court would have reached a different decision on the suspension, his lawyer William Mokhari submitted in the application for leave to appeal.

Nhleko is also appealing the court’s finding that his appointment of Maj-Gen Berning Ntlemeza as acting head of the Hawks was unlawful and invalid.

Mokhari contended that the court’s finding that Dramat’s suspension was unlawful did not mean Nhleko was not allowed to appoint an acting Hawks boss.

He set out a number of scenarios in which Nhleko was within his rights to do so, and argued that because there was no deputy head he was able to appoint an acting head.

“If both the national head of the directorate and the deputy head of the directorate are absent..., the minister shall appoint a suitably qualified head,” Mokhari told the court.

“The only way to displace this appointment... [is] if it is shown that the person appointed did not meet the requirements.”

Mokhari also submitted that there was no order about Dramat’s reinstatement.

Dramat was to have returned to work last Friday, after Prinsloo ruled that his suspension by Nhleko was unlawful and invalid.

However, the police ministry said he could not do so until the appeals process was completed.

Dramat was suspended on December 23, pending a probe into his alleged involvement in the illegal rendition of four Zimbabweans in November 2010.

The Helen Suzman Foundation on Monday argued against the application for leave to appeal. It also wants the court the enforce its ruling that Dramat’s suspension was unlawful, and allow him to return to work.

Max du Plessis, for the foundation, said the matter was not about Dramat, but about the legality of Nhleko’s decision.

He said the State had a duty to comply with the court’s order, and he did not believe another court would come to a different decision.

“If your lordship said it was unlawful, then it was always unlawful. There is simply no need for an order of reinstatement,” Du Plessis said.

This would be redundant, he argued.

“Lt-Gen Dramat was lawfully in office, he was then unlawfully suspended from office... [so] he is still lawfully in office.”

Nhleko’s argument that Dramat remained suspended pending the appeal “made a mockery” of Prinsloo’s original ruling, Du Plessis contended.

“There is no need for a reappointment order.”

He argued there was no basis for Prinsloo to grant the application for leave to appeal.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.