‘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…


Recommended

by NEWSROOM AI

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
'Even if Sarb was nationalised, govt can't change its mandate'

'Even if Sarb was nationalised, govt can't change its mandate'

EFF leader Julius Malema has introduced a bill to nationalise the South African Reserve Bank (Sarb) in Parliament this week.

New radio telescope launched in SA to solve 'dark energy' puzzle

New radio telescope launched in SA to solve 'dark energy' puzzle

The multimillion-rand apparatus will be based at the site of the MeerKAT radio telescope array in the Northern Cape.

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
Police union calls for National Crime Summit to address police killings

Police union calls for National Crime Summit to address police killings

This follows the killing of two police officers in separate incidents in Cape Town on Friday.

Survivor winner Tom Swartz vows to buy his wife 'new boobies and a family house'

Survivor winner Tom Swartz vows to buy his wife 'new boobies and a family house'

Swartz says he would have done anything to get the R1 million prize money.

'There is no way Magnus Malan could've done the things he is accused of'

'There is no way Magnus Malan could've done the things he is accused of'

Former police minister Adriaan Vlok has rejected accusations that former minister Malan was at the centre of a paedophile ring.

How Tracey Chambers is helping unemployed moms become entrepreneurs

How Tracey Chambers is helping unemployed moms become entrepreneurs

The Clothing Bank gives women access to discounted merchandise and 500 hours of training in money management and business skills.