‘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…


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