Durban – Major General Berning Ntlemeza, the national head of the Hawks, acted unlawfully when he hired a private law firm and advocate to discipline a member of the country’s elite police unit.
According to Maj-Gen Johan Booysen, the suspended head of the Hawks in KwaZulu-Natal, Ntlemeza had no legal authority to hire the law firm Hogan Lovells and neither was there any authority for that firm to hire advocate Mxolisi Zondo when Ntlemeza instituted disciplinary proceedings against Booysen.
This emerged in papers lodged in the Labour Court in Durban on Thursday where Booysen is asking the court to review Ntlemeza’s decision to implement disciplinary proceedings against him over allegations of fraud.
According to those papers, Booysen’s disciplinary should have been heard by a member of the police force and not someone who is not a member of the police.
Booysen, in his submission, cites police regulation 6(5) which states: “The National or a Provincial Commissioner may, in exceptional circumstances, after consulting with the disciplinary officer concerned, in writing designate a person other than an employee as employer representative to represent the employer in a particular case and who may, as the representative of the disciplinary officer concerned and subject to his or her control and directions, charge any employee with misconduct and perform all the functions relating to the exercise of such power.”
In his papers, Booysen points out that Ntlemeza did not have the authority from the then national police commissioner Riah Phiyega to hire Hogan Lovells or Zondo and accordingly, without that authority, it should be a senior police officer chairing his disciplinary hearing.
“There is also no lawful basis upon which the first respondent [Ntelemeza] could simply assume the functions and powers which have been specifically given to the National and Provincial Commissioners under the Regulations,” Booysen asserts.
Phiyega was suspended last October, a month after disciplinary proceedings were started against Booysen .