DA probes unstatutory Ntlemeza appointment and R1.6 m salary
09 October 2016
The Democratic Alliance will submit parliamentary questions to the Minister of Police, Nathi Nhleko, concerning procedural aspects of the appointment process in September 2015 of National Hawks Head, Lieutenant General Berning Ntlemeza, following questions that have arisen about whether statutory compliance was fully observed.
This follows last month’s revelations that Minister Nhleko did not comply with section 17CA(3) of the SAPS Act, which requires that “the Minister shall report to Parliament on the appointment of the National Head of the Directorate within 14 days of the appointment…” when he appointed Ntlemeza.
His submission of a letter to the Speaker to request a parliamentary condonation of the late notification was likely triggered by a DA parliamentary question submitted to the Minister’s office in early September asking if he had complied with this stipulation, based on our suspicion that it had not been done.
We now further suspect that the Minister has fallen foul of two more statutory obligations.
Section 17CA(8)(a) of the SAPS Act requires that the remuneration of the Hawks National Head be determined with the concurrence of the Minister of Finance, by notice in the Gazette. Minister Nhleko's memorandum to Cabinet preceding the Ntlemeza appointment is reported to have recommended that he be paid a generous R1,6-million annual salary.
The DA will be submitting a parliamentary question to determine whether the Minister of Finance, Pravin Gordhan, approved Ntlemeza’s salary.
Furthermore, section 17CA(9) requires that the Minister submit the remuneration scale for the National Hawks Head to Parliament for approval. To our recollection, this did not happen when Ntlemeza was appointed. There was no presentation or written submission to the Portfolio Committee on Police on the matter, nor did it come to either House of Parliament to be passed by resolution.
The DA has therefore sent the following parliamentary questions to Minister Nhleko:
Did the Minister obtain the concurrence of the Minister of Finance on the remuneration of Lt. Gen. BM Ntlemeza before he was appointed as the National Head of the Directorate for Priority Crime Investigation and was this gazetted, in accordance with section 17CA(8)(a) of the SA Police Services Act, Act 68 of 1995, as amended; if not, why not; if so, (a) on which date was this gazetted and (b) was the concurrence of the Minister of Finance obtained in writing?
Did he submit the remuneration scale payable to Lt. Gen. BM Ntlemeza as the National Head of the Directorate for Priority Crime Investigation to Parliament for approval, in accordance with section 17CA(9) of the SA Police Services Act, Act 68 of 1995, as amended; if not, why not; if so, (a) on which date and (b) in what form was this submission made?
If it should be confirmed that neither of these statutory obligations were complied with, it will be another nail in the coffin for the tragic comedy that is the Nhleko-Ntlemeza “hit squad” duo. Not only will it be further evidence of the Minister’s unsuitability to hold office, but would also reinforce the case which is building that Ntlemeza’s appointment was procedurally irregular, as well as substantively irrational.
Statement issued by Zakhele Mbhele MP, DA Shadow Minister of Police, 9 October 2016
