Ntlemeza’s application to interdict Mbalula struck off the roll

2017-05-18 10:39
Berning Ntlemeza (File, Netwerk24)

Berning Ntlemeza (File, Netwerk24)

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Pretoria – Former Hawks boss Major-General Berning Ntlemeza's application to interdict Police Minister Fikile Mbalula has been struck off the roll by the North Gauteng High Court in Pretoria.

Judge Sheila Mphahlele struck Ntlemeza's urgent application to interdict Mbalula off the roll and has awarded costs to Mbalula.

Mphahlele said the matter lacked urgency and said that the interest of justice was more important than any reputational damage. Ntlemeza has an appeal before the Supreme Court of Appeal next month. He is suspended on full pay and failed to show damages from not having a work car or phone. 

Ntlemeza's lawyers on Wednesday argued that his application to interdict Mbalula was urgent, as the minister's actions were illegal and prevented Ntlemeza from returning to his duties.

Nazeer Cassim, for Mbalula, argued that a full bench had found that Ntlemeza was not fit to hold office, that this application was not urgent, and was tantamount to scoring political points.

Advocate Nceba Duduka argued that the interdict sought to stop Mbalula acting illegally.

Judge Mphahlele told Duduka that he needed to convince her that the application was urgent, seeing as Ntlemeza’s enforcement order appeal would be heard in front of the Supreme Court of Appeal on June 2.

Duduka argued that every day that Ntlemeza did not report for duty was another day that he was prejudiced and humiliated.

In March, the court found that then-police minister Nathi Nhleko had ignored two court judgments, which found that Ntlemeza lacked integrity and honesty when he appointed him head of the elite police unit.

The court found that the findings in both judgments constituted "direct evidence" that Ntlemeza lacked the requisite honesty, integrity and conscientiousness to hold public office, effectively setting aside his appointment.

Ntlemeza applied for leave to appeal these findings, but was unsuccessful. However, he was granted leave to appeal an enforcement order which stopped him from going to work.

Read more on:    hawks  |  berning ntlemeza  |  fikile mbalula  |  pretoria  |  police

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