Ntlemeza is still head of the Hawks according to his lawyer

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.

Read: Ntlemeza flouts instructions not to report for duty, arrives at Hawks HQ

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.

Read also: Ntlemeza to return state vehicle, but warns Mbalula to stop interfering

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:


Recommended

by NEWSROOM AI
Read More
Ntlemeza to return state vehicle, but warns Mbalula to stop interfering

Ntlemeza to return state vehicle, but warns Mbalula to stop interfering

Berning Ntlemeza's lawyer says he hasn't been axed as Hawks boss and has asked Police Minister Fikile Mbalula to stop meddling.

Mbalula orders Phahlane to get State vehicle and phone back from Ntlemeza

Mbalula orders Phahlane to get State vehicle and phone back from Ntlemeza

Berning Ntlemeza not only defied court orders and showed up for work but then drove off in a state vehicle with Hawks cellphone.

Ntlemeza flouts instructions not to report for duty, arrives at Hawks HQ

Ntlemeza flouts instructions not to report for duty, arrives at Hawks HQ

Axed Hawks head Berning Ntlemeza entered the unit's premises through the back entrance accompanied by his lawyer Comfort Ngidi.

[Cartoon] Fikile se voet!

[Cartoon] Fikile se voet!

Dr Jack & Curtis take a look at Berning Ntlemeza saying he'd be returning to work as Hawks head despite being booted by a court.

3 things expected to come up in Mbalula's meeting with McBride

3 things expected to come up in Mbalula's meeting with McBride

Newly appointed Police Minister Fikile Mbalula met with police watchdog boss head Robert McBride.

Police Minister wants to do away with "acting posts" in police department

Police Minister wants to do away with "acting posts" in police department

Suspended senior police officers are said to be costing tax payers lots of money.

Ntlemeza was never appointed Hawks head says court

Ntlemeza was never appointed Hawks head says court

On Sunday the City Press reported that Ntlemeza has refused to leave office.

Popular articles
[LISTEN]Tempers flare as Eusebius grills SABC's Maroleng about hiring and firing

[LISTEN]Tempers flare as Eusebius grills SABC's Maroleng about hiring and firing

Embattled public broadcaster's new COO, Chris Maroleng tries to defend SABC about Sakina Kamwendo incident.

'White South Africans learning an African language would show respect'

'White South Africans learning an African language would show respect'

A video of a white man speaking fluent TshiVenda went viral, but languages expert Dr Dowling says most black people speak English.

Water to be released from Berg River to Misverstand Dam to avoid Day Zero

Water to be released from Berg River to Misverstand Dam to avoid Day Zero

Government has put plans in place to prevent the Misverstand Dam from running dry in a week's time.

What Hashim Amla's fascinating story illuminates about South African society

What Hashim Amla's fascinating story illuminates about South African society

Writer Niren Tolsi says SA cricketer Hashim Amla is the living embodiment of a nation trying to express itself while healing.

Highly-criticised world athletics body's rule could end Caster Semenya's career

Highly-criticised world athletics body's rule could end Caster Semenya's career

She faces ongoing complaints from rivals about having an "unfair advantage" on the track, but how fair is this proposed IAAF rule?

Cape plumber designs device to ensure geyser water doesn't go down the drain

Cape plumber designs device to ensure geyser water doesn't go down the drain

Wattapac is a water-saving bladder and pump designed to help plumbers save as much as 1 000 litres of water a day.

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)