Interests of justice outweigh Ntlemeza’s personal harm – judge
Kyle Cowan | 2017-05-18 11:46:47.0
Former Hawks head Berning Ntlemeza. File photo.
Image by: Trevor Samson
Former Hawks head Berning Ntlemeza will only be going back to work if his application to the Supreme Court of Appeal‚ to be heard on 2 June‚ is successful.
His urgent application to the North Gauteng High Court to set aside an enforcement order barring him from office was struck off the roll on Thursday by Judge Sheila Mphahlele for want of urgency.
Ntlemeza was found to have made false statements under oath and “lacked integrity” in another high court ruling in 2015‚ which has led to his removal from office.
His latest application sought an interdict to prevent Police Minister Fikile Mbalula from barring him from entering the Hawks head office in Pretoria‚ to stop Mbalula from interfering with his official duties and further to return to him his official vehicle and cell phone‚ saying without these he could not attend official meetings.
Mphahlele said by default an enforcement order is suspended pending the outcome of an appeal. But in this case that did not apply‚ she said.
“The order handed down by the full court on 12 April specifically altered this default position by recording that the enforcement order would remain in place even if it is to be appealed‚” she said.
“The wording of the enforcement order was very clear.
“Regarding the issue of whether or not the full court was correct or not in granting the enforcement order under the circumstances of this case‚ this court is not competent to pronounce on the issue.”
She furthermore stated that Ntlemeza had failed to show that he would suffer permanent harm.
“In this application the applicant stated that he would suffer humiliation‚ loss of reputation and be deprived of the opportunity to work. However‚ he has failed to establish that such harm would be irreparable‚” she said.
“In my view the interests of justice far outweigh any harm that may be suffered by the applicant.”
Mphahlele said that because Ntlemeza’s SCA appeal would be heard on 2 June‚ he had the opportunity for speedy redress if successful.
“I am of the view that this matter is not urgent‚ and should be struck off the roll‚” she said.
“The applicant is currently earning his full salary and is not performing any functions attaching to his employment and has failed to show that he will suffer any serious prejudice by not having a work phone or car provided by his employer.
“I order that the application be struck off the roll for want of urgency and the applicant pay the costs of the application and for two counsels.”