Ntlemeza fights to keep his job

Ntlemeza fights to keep his job

Former Hawks head Berning Ntlemeza is back in court as he attempts to keep his job.

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Photo: Wikimedia

Ntlemeza is battling to keep his job after Police Minister Fikile Mbalula decided to not appeal the North Gauteng High Court judgement, which found Ntlemeza unfit to hold office. He appointed Yolisa Matakata to act in the position.


Ntlemeza reported for work at the end of April, despite being replaced and left with a cellphone and vehicle. Mbalula vowed to arrest Ntlemeza should be come near the Hawks' offices. 


Ntlemeza has now approached court to ask for a restraining order against Mbalula, which will prevent the minister from interfering with his job.


His legal representative, Nceba Dukada argues that it is illegal to keep him from his job, since he has launched an application to appeal the High Court ruling at the Supreme Court of Appeal.


"The applicant has filed an appeal against the enforcement order granted by the court on 12 April 2017 and that automatically suspended the enforcement. In other words, the status quo remains, the applicant must be at work," says Dukada.


Dukada argues that his client suffers reputational damage and humiliation.


"The applicant desires this court to deal with the illegal conduct of the first respondent as expeditiously as possible."


'Every day and every hour the applicant is out of work, he is prejudiced," says Dukada.


Mbalula's legal representative, Nazeer Cassim argues that there is no urgency in the matter and states that the public would be outraged if Ntlemeza was reinstated pending his appeal.


"If a court pronounces that a teacher is a paedophile and the court makes a finding to that effect and pending an appeal he must go back to work, one can imagine how incensed the school principal is going to be to put that person back to deal with children," says Cassim.


Cassim says this is a status application, but defence isn't making that case.


He says you the applicant's team should show that Ntlemeza is worthy of the office he holds.


He argues Ntlemeza is lucky he is being paid.


"At least four judges, without hesitation, found his man to be dishonourable, not fit to hold that office. In the face of that, how can he say there is a degradation of his status if he is not back at work? He is lucky he is being paid while his appeal is pending."


Judgement to be delivered at 10.00am on Thursday.

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