Ntlemeza vs Mbalula: Standoff

Hawks: It's business as usual

PRETORIA – The Hawks have confirmed that its former head Berning Ntlemeza will not be reporting for duty on Tuesday contrary to weekend reports that he insists he’s still head of the unit.

Police Minister Fikile Mbalula announced last week that the Hawks was now led by an acting head Lieutenant General Yolisa Matakata.

The decision follows the High Court ruling that Ntlemeza may no longer hold the position because of an earlier ruling that he’s not fit and proper for a person in that public office.
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More at: http://ewn.co.za/2017/04/18/hawks-confirm-ntlemeza-won-t-report-for-duty-as-previously-reported
 
Axed Hawks boss #Ntlemeza digs in his heels

Johannesburg - Axed Hawks boss General Berning Ntlemeza had not vacated his office as he viewed himself as still very much in charge of the elite crime-fighting unit, his lawyer Comfort Ngidi said on Tuesday.

This despite last week’s ruling by the high court in Pretoria that Ntlemeza be removed immediately as the Hawks boss. But he has dug in his heels, saying only Parliament can fire him.

Speaking to The Star on Tuesday, Ngidi said Ntlemeza would report for duty on Monday next week as he was taking the matter to the Supreme Court of Appeal.
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More at: http://www.iol.co.za/news/politics/axed-hawks-boss-ntlemeza-digs-in-his-heels-8719552
 
Ntlemeza: I’m going to work tomorrow

Dismissed Hawks boss Mthandazo Ntlemeza has vowed to report for duty tomorrow to claim back the job Police Minister Fikile Mbalula has ejected him from, and will go to court should anyone stand in his way.

This week, Ntlemeza’s lawyers wrote to the Office of the State Attorney reiterating their client’s position that he would resume his duties tomorrow.

“We urge your good selves to advise [Mbalula] to allow [Ntlemeza] to resume duties as [head of the Hawks]. Our client reserves his right to approach a court for appropriate relief should he be obstructed from getting on to the premises and performing his official duties,” wrote Ntlemeza’s lawyer, Comfort Ngidi.

Ngidi’s letter was a response to a letter from the State Attorney, acting for Mbalula, in which the minister’s decision for firing Ntlemeza was emphasised and Ntlemeza was told to stay away.

Ntlemeza’s lawyers argue that he had the legal right to remain in office pending an appeal of the judgment setting aside their client’s appointment as unlawful.

The lawyers on Friday submitted Ntlemeza’s
application for leave to appeal to the Supreme Court of Appeal (SCA).

Attached to the application is a 69-page affidavit by Ntlemeza through which he hopes the court will find enough reasons to grant him leave to appeal last month’s judgment setting aside his appointment, which led to his axing two weeks ago.
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More at: http://www.news24.com/SouthAfrica/News/ntlemeza-im-going-to-work-tomorrow-20170422
 
*grabs popcorn* burning has been burned and is no longer useful to Jacob and has been thrown under the bus. He just hasn't realised it yet
 
Ntlemeza reports for duty at Hawks headquarters

PRETORIA - Eyewitness News understands that Lieutenant General Berning Ntlemeza has in fact reported for duty at the Hawks headquarters in Silverton on Monday morning.

A defiant Ntlemeza has ignored Police Minister Fikile Mbalula’s instruction that he is no longer head of the unit.

Mbalula’s decision follows a High Court order which found he is not fit and proper to hold the post.

While Hawks employees entered through the main entrance, it’s understood that the lieutenant general entered the through a back gate in order to avoid the media contingent here.
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More at: http://ewn.co.za/2017/04/24/ntlemeza-reports-for-duty-at-hawks-headquarters
 
Shows you the quality of the people who are in charge of our Police and crack units?.....
 
Former Hawks boss Berning Ntlemeza reports for duty - lawyer

Pretoria – Former Hawks boss Berning Ntlemeza arrived at the unit's headquarters in Pretoria on Monday morning, his lawyer Comfort Ngidi confirmed to News24.

Ngidi said his client arrived at 07:30 this morning to report for duty.

Ngidi said Ntlemeza was currently in "routine" meetings, planning the week ahead with senior staff. He dismissed reports that Ntlemeza was there to pack his bags.

Ngidi said Ntlemeza doesn’t know what role his replacement, Lieutenant-General Yolisa Matakata is playing, but said that Ntlemeza would be working with her.

Ntlemeza managed to evade journalists who were camped outside the main entrance of the building.

Several DA members were also outside the headquarters, picketing against Ntlemeza.

The members chanted "Ntlemeza must go" as word spread that he had arrived at the building.

A few policemen were also camped outside, monitoring the situation.

Last week Ngidi told News24 that he would be approaching the SCA to appeal a High Court ruling that found Ntlemeza’s appointment unlawful and invalid.

The DA's Zak Mbhele said the party was there in response to threats made by Ntlemeza that he would return.

"Given the importance of the Hawks we can't afford to have someone whose integrity is not beyond reproach."

News24
http://www.news24.com/SouthAfrica/N...ing-ntlemeza-reports-for-duty-lawyer-20170424
 
So in essence Ntlemeza should be arrested for trespassing, as well as taking a state car and cell-phone. Talk about GTA!
 
.Mbalula: I would love to issue a warrant of arrest


Pretoria – Police Minister Fikile Mbalula said there may be a possibility that a warrant of arrest will have to be issued to recoup Hawks possessions that Ntlemeza might still have and for unlawfully entering the offices.

Mbalula was addressing the media after reports emerged on Monday morning that Ntlemeza had sneaked back into the elite police unit's head offices in Pretoria.
Ntlemeza reportedly attended a management meeting on Monday then ordered someone to give him a car and a cellphone.

Ntlemeza has created a stand-off with Mbalulala over his refusal to quit his job despite the minister ordering him to respect the decision of the court.

Earlier this month Mbalula said he had instructed acting national police commissioner Johannes Phahlane to recoup all state assets from Ntlemeza.

On Monday Mbalula said it was unlawful for Ntlemeza to return to work. "Ntlemeza is not defying me. Me and him can box in the street. This is not about me and him.

"Ntlemeza is playing politics. Even his lawyer is playing politics."
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More at : http://www.iol.co.za/news/politics/mbalula-i-would-love-to-issue-a-warrant-of-arrest-8796247
 
'General Ntlemeza, you must know I am coming for you' - Mbalula

Pretoria - "General Ntlemeza, you must know I am coming for you. You are working 24-hours to do an illegal operation... I'm going to unleash the law."

This was the fiery warning from Police Minister Fikile Mbalula at a press conference on Wednesday.

Mbalula was briefing the media on his strategic plan to wage war against crime.

But it was questions on former hawks boss Berning Ntlemeza that stirred the minister's anger.

On Monday, Ntlemeza reported for duty, despite a High Court ruling that his appointment was invalid and should be set aside. He left with a state-issued car and cellphone. Mbalula threatened to issue an arrest warrant, and Ntlemeza later returned the car.

On Tuesday, Mbalula told reporters that there were certain Hawks officials meeting in safe houses with Ntlemeza to plot against him.

"I'm aware about operations, working in safe houses to undertake an operation on the minister of police. I'm aware and I'm coming for them," he said.

Rogue Hawks elements

An impassioned Mbalula warned these rogue Hawks elements that he would not allow resources to be invested in illegal operations.

"I am going to act. I'm not going to allow rogueness to happen in this country, willy nilly," he said.

He said Ntlemeza's legal counsels were "voodoo lawyers" who used provocative language to manipulate the media.

"If he thinks he is entitled to come to work, tell him to come now. He will not see me, but he will see me in terms of the law. I'm very clear about it. There is no beef between us... We must respect the law."

Mbalula said he would not allow Ntlemeza to blackmail him, and that only the African National Congress could stop him from exercising his mandate.

"A smart cop acts quietly, not through press conferences... I owe Ntlemeza nothing. He never did me any favours. I've served this country. I've served my organisation to the best of my ability. It's only the ANC that can tell me you are now out of line... I owe no policeman a favour. I'm here to work with them and, if possible, let's play golf."

He said he would wait for the courts before making any decisions against acting national police commissioner Lieutenant-General Khomotso Phahlane, who is under investigation for his lavish lifestyle.

Mbalula, however, said that it was concerning that so much scandal surrounded a high ranking police official.

"The minister will not defend any wrongdoing. Once evidence has been tested and found that there is authenticity, the minister will not defend any wrongdoing by whoever is in the police service. It is worrisome when one of our own at the helm of the police is receiving such accusations. We must follow the law," he said.

News24
http://www.news24.com/SouthAfrica/N...ust-know-i-am-coming-for-you-mbalula-20170425
 
Mbalula said he would not allow Ntlemeza to blackmail him, and that only the African National Congress could stop him from exercising his mandate.
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So the anc is now the law in SA. Wrong words mr minister wrong words because now you have just shown true colours.
 
Ntlemeza seeks restraining order against Mbalula

Police General Berning Ntlemeza is seeking a restraining order against police minister Fikile Mbalula whom he accuses of interfering with his job as head of the Hawks.

Ntlemeza will also ask the North Gauteng High Court to stop Mbalula from embarrassing‚ humiliating and ridiculing him in public.

eNCA journalist Karyn Maughan tweeted copies of Ntlemeza’s court papers late on Tuesday in which he argues that a court does not have the jurisdiction to remove him as head of the Hawks.

Mbalula and Ntlemeza have been engaged in what appears to be a Mexican standoff over the past two days.

The police minister is adamant that Ntlemeza is not allowed to return to work and has already replaced him.
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More at: http://www.timeslive.co.za/politics/2017/04/25/Ntlemeza-seeks-restraining-order-against-Mbalula1
 
I like how they speak to each other as if they are both sitting somewhere far apart in the world. Why don't they just get together for that acclaimed "boxing match", sell tickets to us plebs to enjoy the show, and get on with it.
 
There is some disagreement amongst lawyers on whether Berning Ntlemeza is still Hawks boss until such time as the Supreme Court of Appeal decides on the merits of his appeal, or whether the High Court decision that he never was Hawks boss to begin with has already kicked in on the say-so of the High Court. As I am not a procedural lawyer, I am not sure what the position is. However, if Ntlemeza is still legally the head of the Hawks, there will be limits to what the Minister of Police can do about Ntlemeza without unlawfully interfering with the constitutionally and statutory guaranteed independence of the Hawks.
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https://www.dailymaverick.co.za/opinionista/2017-04-25-ntlemeza-did-the-police-minister-unlawfully-interfere-with-independence-of-the-hawks/#.WQA-GsYlGUk

It looks as if Ntlemeza's lawyer may be correct in this case.
 
copacetic said:
https://www.dailymaverick.co.za/opinionista/2017-04-25-ntlemeza-did-the-police-minister-unlawfully-interfere-with-independence-of-the-hawks/#.WQA-GsYlGUk

It looks as if Ntlemeza's lawyer may be correct in this case.
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I thought the point of the High Court indicating that its order was immediately applicable means he is out until overturned? Because back then, him, the previous minister and his lawyers decided that he could carry on as Hawks head until he decides to appeal. But it is true that sometimes when you appeal it means you don't need to implement the lower court's decision, however I don't see how putting him on ice prejudices him as it's not like someone who sits in jail waiting for an appeal outcome.
 
R13... said:
I thought the point of the High Court indicating that its order was immediately applicable means he is out until overturned? Because back then, him, the previous minister and his lawyers decided that he could carry on as Hawks head until he decides to appeal. But it is true that sometimes when you appeal it means you don't need to implement the lower court's decision, however I don't see how putting him on ice prejudices him as it's not like someone who sits in jail waiting for an appeal outcome.
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The bottom line seems to be that he may be correct on a technicality, whether we like it or not. But even the experts don't even seem sure, so I certainly have no idea.

I thought this bit was especially pertinent:

It is perhaps not surprising that most people are not particularly consistent and tend to change their views on matters of principle depending on the identity of the people involved in a specific controversy. Most of us tend to support or oppose people, finding it difficult to stick to our principles regardless of who would be favoured or disadvantaged when we consistently apply our principles. 1

Do you support hate speech legislation? Well, for many people it will depend on who is accused of hate speech and what he or she actually said. Do you support the independence of a specific institution? Well, for many people it will depend who heads that institution and what you think of him or her.
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