‘Courts should not have to act as sole guardians of our Constitution’

Freedom Under Law says a decision by the High Court in Pretoria to set aside and review the appointment of Berning Ntlemeza as head of the Hawks is an example of government executives neglecting to fulfill their obligations.

A ruling in 2015 by Judge Elias Matojane suggested that Ntlemeza was dishonest and lacked integrity because he tried to mislead the court.

A full bench of judges has now affirmed this.

They have found Police Minister Nathi Nhleko's decision to appoint Ntlemeza as head of the Hawks is a prime example of a minister simply ignoring and brushing aside remarks by a court.

The courts are acting effectively as the upper guardians of our Constitution but they should not be having to do so as the exclusive and full guardians, and in effect that is what they having to do because the executive is neglecting its obligations, failing to adhere to them.

Nicole Fritz, Executive Officer at Freedom Under Law

Given the seriousness of the findings he should be suspended pending the outcome of an appeal, but perhaps its too optimistic that that will happen.

Nicole Fritz, Executive Officer at Freedom Under Law

Listen to the full interview below…

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Discovery's bank licence approval may see unhappy clients jumping ship

Discovery's bank licence approval may see unhappy clients jumping ship

Business Day's Hilary Joffe predicts that the venture will be innovative and joined to the existing Discovery Vitality card.

Smartphone multitasking can hinder varsity students ability to study - research

Smartphone multitasking can hinder varsity students ability to study - research

Stellenbosch University's Cognition and Tech Research Group Daniel Le Roux explains the effect of media multitasking on cognition.

Court sets aside appointment of Hawks head Berning Ntlemeza

Court sets aside appointment of Hawks head Berning Ntlemeza

Ntlemeza was appointed by Police Minister Nathi Nhleko in 2015 despite court findings that he "lacks integrity and honour".

Mokotedi needs more than hearsay to prove murder conspiracy against McBride

Mokotedi needs more than hearsay to prove murder conspiracy against McBride

Gauteng Hawks boss Prince Mokotedi says he has opened a criminal case against Ipid head Robert McBride and two others.

McBride denies 'secret plot' to assassinate security top guns

McBride denies 'secret plot' to assassinate security top guns

Gauteng Hawks' Prince Mokotedi has a case against Ipid boss Robert McBride, claiming he and others plotted to kill security heads.

Ntlemeza not fit to be Hawks head - lobby groups

Ntlemeza not fit to be Hawks head - lobby groups

Freedom under Law and Helen Suzman Foundation challenging appointment of Berning Ntlemeza saying he is dishonest.

Popular articles
Hassen Adams (he brought Burger King and Dunkin’ Donuts to SA) talks money

Hassen Adams (he brought Burger King and Dunkin’ Donuts to SA) talks money

The Money Show’s Bruce Whitfield interviews Adams about his attitude to money (hopes and fears, successes and failures, etc.).

Eusebius Opinion: "Let go Kevin Pietersen, you do not own the school"

Eusebius Opinion: "Let go Kevin Pietersen, you do not own the school"

McKaiser responds to former SA, now England cricketer Pietersen's comments over Maritzburg College pupils holding EFF t-shirts.

Twitter is gobsmacked as Nigeria honours Jacob Zuma with bronze statue and road

Twitter is gobsmacked as Nigeria honours Jacob Zuma with bronze statue and road

During Zuma's visit to Nigeria, the Governor of the Imo State in Nigeria, Mr Owelle Okorocha, conferred an Imo Merit Award on him.

Minister Lynne Brown's partner scored R1.2 million contracts with Eskom

Minister Lynne Brown's partner scored R1.2 million contracts with Eskom

Sikonathi Mantshantsha says this revelation explains why Brown was reluctant to take any action against Eskom executives.

KZN school ordered to stop action against students with EFF shirts

KZN school ordered to stop action against students with EFF shirts

A letter has been addressed to the Maritzburg College principal after an image of the boys went viral last week.

Kloof Street residents living in fear as crime multiplies

Kloof Street residents living in fear as crime multiplies

A Cape Town man was stabbed to death on Saturday while trying to assist two women who were being mugged on Kloof street.

‘I started my thriving business with R5000 (and made a profit in the 1st month)’

‘I started my thriving business with R5000 (and made a profit in the 1st month)’

After 3 years there are 3 Nic Harry stores (incl online) that sell 100 000 pairs of socks in over 20 countries around the world.