The applicants in the matter concerning Hawks head Maj-Gen Berning Ntlemeza’s appointment say Police Minister Nathi Nhleko ignored a previous court decision‚ which could have resulted in Ntlemeza’s not being appointed.

On Tuesday‚ a full bench of judges at the High Court in Pretoria heard arguments from David Unterhalter SC‚ representing lobby groups the Helen Suzman Foundation and Freedom under law.

The two had applied to the High Court to have Ntlemeza’s 2015 appointment as the head of the Hawks by Nhleko reviewed.

They said this was because the position required a person of integrity and honesty — something that past court cases had proven Ntlemeza did not have.

Earlier this year‚ High Court Judge Elias Matojane said Ntlemeza lacked integrity and honour‚ as he dismissed Ntlemeza’s leave to appeal against the court’s ruling‚ overturning Gauteng Hawks head Shadrack Sibiya’s suspension.

Sibiya was implicated in the illegal rendition of Zimbabwean nationals in 2010 and fired for his alleged role last year.

Ntlemeza is said not to have informed the High Court of evidence exonerating Sibiya‚ electing only to use evidence that allegedly implicated him.

He is also said to have made false statements under oath.

Unterhalter said Nhleko had known about Matojane’s decision but had not considered it to be relevant‚ because he said they were comments made in court and were thus not a decision.

However‚ he said it was not up to the minister to decide which parts of a court matter were binding‚ and that he should have considered them when he was appointing Ntlemeza.

Unterhalter said Nhleko later tried to rationalise Ntlemeza’s appointment by saying the decision of the High Court had been irrational and unfair towards Ntlemeza.

“The only irrationality was that of the minister for not regarding the binding decision of the court‚” said Unterhalter.

Advocate William Mokhari was expected to make the arguments on behalf of Ntlemeza later in the day.

TMG Digital/BusinessLIVE