Lieutenant-general Berning Ntlemeza has argued that his dismissal as the Hawks head cannot be effective pending the appeal to the Supreme Court.
Police Minister Fikile Mbalula replaced Ntlemeza last month after the High Court ruling set aside his appointment and ordered that he be removed from the position with immediate effect for not being fit to hold the post.
The dismissed Hawks head insists that he will not leave office until the Supreme Court of Appeal delivers a ruling on the matter.
EWN reporter, Barry Bateman, says Ntlemeza is relying on Section 84, which states where the appeal is taken up, the effect of the enforcement order is then suspended.
He is saying I am appealing this matter... therefore the enforcement order cannot be in effect.— Barry Bateman, EWN reporter
Lawyers representing the police minister argue that they have complied with the court ruling.
Ntlemeza is seeking the restraining order against Mbalula so he can resume his duties as the Hawks head.
The response on that from Mbalula's lawyers is that the full bench of judges,when they handed down the order, were obviously aware of Section 84.— Barry Bateman, EWN reporter
Listen to Barry Bateman below for more details...
This article first appeared on 702 : Ntlemeza tells court he can't be dismissed as Hawks boss