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Fikile Mbalula praised for following legal advice‚ replacing Ntlemeza

Praise has followed the decision to remove Hawks boss Berning Ntlemeza with immediate effect.

This comes after the High Court in Pretoria dismissed Ntlemeza’ s application for leave to appeal an earlier ruling that found his appointment to be invalid.

Before the court ruling on Wednesday‚ Police Minister Fikile Mbalula had withdrawn the application for leave to appeal‚ leaving Ntlemeza to proceed with the appeal to the Supreme Court of Appeals or to the Constitutional Court in his personal capacity to “save his reputation“.

Mbalula then announced on Thursday that Ntlemeza had been removed‚ as ordered by the court‚ and that Lt-Gen Yolisa Matakata would be acting Hawks head.

Under Ntlemeza the Hawks were instrumental in bringing charges against former finance minister Pravin Gordhan.

Parliament’s portfolio committee on police said on Thursday that it was happy that the minister had moved swiftly to appoint Matakata‚ avoiding any “vacuum in leadership“. Chairman Francois Beukman said Matakata was a tried and tested investigator and that the committee had confidence in her.

The Helen Suzman Foundation and Freedom Under Law brought an application for Ntlemeza’s appointment to be declared irrational and unlawful and for it to be set aside‚ asking the court to refer the appointment back to a selection panel for a new candidate to be chosen.

Ntlemeza was appointed head of the Hawks in December 2014 by then police minister Nathi Nhleko.

The South African Communist Party (SACP) said Ntlemeza should never have been appointed.

“His appointment and its consistent defence by the appointing authorities were two of the many own goals impacting negatively on the confidence of our people in our government and the ANC-led alliance‚” spokesperson Alex Mashilo said.

“In addition the conduct of the Hawks under Ntlemeza‚ a man who‚ in March 2015 while acting as the head of the Hawks was found by the North Gauteng High Court to be ‘biased and dishonest’‚ to be lacking ‘integrity and honour’‚ and to have ‘made false statements under oath’‚ was seriously compromised and factionalised.”

The Save SA campaign commended Mbalula for not continuing with the appeal.

“In recent times‚ it’s been rare for a Cabinet minister to follow legal advice‚ and Minister Mbalula has made the correct decision in doing so — particularly as his predecessor’s aim was clearly to undermine the state’s corruption-busting potential‚” the campaign said.

It said the challenge now facing Mbalula was to ensure that Ntlemeza’s successor was someone who enjoyed public confidence and who would address rampant corruption rather than play politics.

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