Comfort Ngidi says in terms of the law, his client Berning Ntlemeza is still head of the Hawks.
He says a letter by the Pretoria High Court states clearly that they have an "automatic right of appeal to the next highest court".
Ngidi says they have filed papers with the Bloemfontein High Court to appeal the matter which then suspends the ruling of the Pretoria High Court, pending the appeal.
He says and the Minister of Police Fikile Mbalula can only make a decision to fire Ntlemeza after the court's decision.
We have agreed to avoid any confrontation or any embarrassing situation. We have agreed that the General should not go to work but we are saying we are not obliged to comply with an unlawful instruction.— Comfort Ngidi, Berning Ntlemeza's lawyer
Ngidi says his client was advised to return the car and cellphone but they are not happy with returning the cellphone as it contains very sensitive information on the cases Ntlemeza was handling at the Hawks which could be compromised.
It is unfortunate because we told our client to comply with an instruction which we consider to be unlawful. We don't understand on which basis is the minister making those instructions.— Comfort Ngidi, Berning Ntlemeza's lawyer
EWN reporter, Barry Bateman says Ngidi's interpretation on the law seems to be correct. However, he spoke of a section in the court order which was explicit in overwriting the section Ngidi is referring to in that irrespective of any appeal the earlier order will remain effective.
To hear more of this conversation, listen below: