Lieutenant-General Mthandazo ‘Berning’ Ntlemeza has been adamant he had the right to return to work on Monday. He argued the law was on his side as he planned to appeal a court order setting aside his appointment and that the minister had no right to keep him from work. After a week off, the controversial (read untruthful and unfit for office) boss of the Directorate for Priority Crime Investigation slipped past media and through a back entrance at the Hawks’ Pretoria headquarters.

Soon after Ntlemeza’s arrival, Mbalula announced he would be paying the Hawks a visit. The minister said Ntlemeza had entered a management meeting that morning and ordered the head of supply chain management to give him a car and cellphone. “He’s roaming around the streets, or wherever he is, with state property,” said Mbalula in a press briefing.

The minister said the court order means Ntlemeza has no right to even enter the Hawks’ offices or to instruct officers. “We’ll have to issue a warrant of arrest if anything goes the way it is going. It is the law,” he said, calling Ntlemeza’s conduct “unlawful” and saying it will be acted on. “The police is the state. No one can just come here and give instructions because he was once an employee.”

The minister denied he and the lieutenant-general were at war and said he was acting according to a court order. He read exerpts from two High Court orders issued on 12 April. The first dismissed Ntlemeza’s application for leave to appeal the finding that his appointment be set aside. The second said the execution of the court order “will continue to be operational and executed in full whether or not there are any applications for leave to appeal and appeals or there is any petition for leave to appeal”. Hawks deputy head Yolisa Matakata was appointed acting leader.

Mbalula declined to appeal the case and admitted on Monday that former police minister Nathi Nhleko, who regularly backed Ntlemeza, might have kept it going, but he found it had little chance of success and was an unnecessary expense. Mbalula said the state attorney had reiterated to Ntlemeza’s lawyers the impact of the court decision.

“He’s not defying Mbalula. He’s defying the law,” said the minister. “It’s a scandal, actually. It’s an embarrassment, to say the least.” He said Ntlemeza has been “playing politics” by claiming he has a right to return to work and might believe he has favours owed to him through patronage or loyalty. “I don’t think he enjoys any political backing. I think he thinks he’s got political backing.”

Ntlemeza’s lawyer Comfort Ngidi has maintained that the court order will be suspended until an appeal is heard. He told Talk Radio 702 on Monday that Ntlemeza “is still employed by the unit” and had a right to the car and phone, but returned them on Monday to comply with the minister’s call. “He has returned the vehicle but at the same time he is going to enforce his rights to have the minister not to interfere with his duties,” said Ngidi.

He said Mbalula must “withdraw his interference” on the issue or Ntlemeza will take him to court on Tuesday. “The minister is stopping us from doing our duties. That’s why we’re taking him to court.”

“Our understanding is that when we appeal the ‘stay at home order’ to the SCA, the High Court order is suspended until such time as the appeal proceedings are concluded,” Ngidi told Mail & Guardian last week. Other experts have rubbished the claim and Mbalula said on Monday that even if Ntlemeza appeals to the Supreme Court of Appeal, which he did on Friday, he will not be returning to work until the court order is set aside. Ngidi, however, said “the status quo remains” before the matter comes before court again.

Democratic Alliance shadow minister of police Zakhele Mbhele called on Parliament’s portfolio committee on police to act. He said Ntlemeza can be permanently removed if the committee makes a finding on his misconduct, incapacity or incompetence. “As soon as the committee accedes to our request and initiates an inquiry, as we strongly believe it should, Police Minister Fikile Mbalula would then be empowered to immediately suspend Ntlemeza.”

Mbhele said it would not amount to a parallel process or interfere with court matters as the committee could make a finding against Ntlemeza for a range of other allegations against him.

“The Hawks requires stability amongst its senior leadership which Ntlemeza continues to threaten. He cannot be allowed to continue to occupy the office of head of the Hawks which allows his access to important investigations and information,” said Mbhele.

Mbalula’s stance could put acting police commission Kgomotso Phahlane in a difficult position. The minister requested Phahlane to ensure the Hawks’ car and phone were returned by Ntlemeza and warned the acting commissioner that he must act regardless of whether he is friends with the embattled Hawks boss. “If those that are expected to act are not acting, I have powers to decide,” said Mbalula.

He wouldn’t comment on Phahlane’s refusal to co-operate with an Independent Police Investigative Directorate inquiry into allegations against the acting commissioner of corruption or on claims that he has used his position to receive improper benefits. Mbalula said he hasn’t yet studied the issues but will speak on it at a later date and be guided by the law as he leads his new ministry.

The minister said there is no crisis among the police, but he was frustrated to be dealing with “this drama” rather than leading the fight against crime. On Tuesday he will brief media on crime-fighting strategies. DM

Photo: Police Minister Fikile Mbalula addresses the media at Hawks headquarters in Pretoria, April 24, 2017. Photo: Greg Nicolson