Hawks: Ntlemeza appointment cannot be rational

10 September 2015

The DA is distressed to learn that the new, permanent head of the Directorate of Priority Crime Investigation (DPCI)- more commonly known as the Hawks-is Berning Ntlemeza. This is a man whose very appointment and conduct as acting Hawks head was severely indicted by the North Gauteng High Court as being “biased [and] dishonest.”

We will  therefore urgently write to the Chairperson of the Portfolio Committee on Police, Francois Beukman, requesting the Minister of Police, Nathi Nhleko, be immediately summoned to Parliament to brief its members on the rationality of such an appointment.

This inexplicable move by the Minister must be vociferously interrogated and his undoubted  failure to provide satisfactory responses should see him made the subject of a parliamentary inquiry in addition to the appointment of Ntlemeza being set aside as irrational.

The DA has maintained that his appointment as the acting head of the Hawks was unlawful because the suspension of his predecessor, Anwa Dramat, was unconstitutional by its very nature. The appointment of Ntlemeza is born from fatal errors in due process.

Both the North Gauteng High Court and the Constitutional Court declared that the Police Minister’s decision to suspend Dramat was “unlawful”, “invalid” and must be “set aside”.  The Courts stated that the same was true for the appointment of acting Hawks boss, Berning Ntlemeza. 

In January the North Gauteng High Court slated the illegitimately installed Ntlemeza citing his suspension of Gauteng Hawks boss, Shadrack Sibiya, as unlawful, invalid and unconstitutional. 

This comes after North Gauteng High Court Judge Matonjane found that there was indeed no legal or factual basis for the suspension of Sibiya and that Ntlemeza acted “without any single shred of [prima facie] evidence.” Judge Matonjane also called Ntlemeza “biased, dishonest and lacks integrity and honour.” “To further show he is dishonest he made false statements under oath.”

Section 17CA(1)(b) of the SAPS Act clearly stipulates that the head of the Hawks must be “a fit and proper person [with] integrity.” Based on the above and a slew of purges and other misconduct; we contend that he was an ineligible candidate for permanency in this role.

The Police Portfolio Committee cannot ignore the Minister’s conduct by first unlawfully appointing Ntlemeza in an acting capacity and now, irrationally, making him permanent. 

This critical crime-fighting body is charged with fighting priority crime and should be beyond reproach. The silence of the Committee in this regard would effectively excuse the Minister and Ntlemeza's conduct.

I will press the Chairperson of the Police Portfolio Committee urging him to apply his mind to my letter and ask the Committee toschedule a parliamentary briefing urgently. 

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, September 10 2015