Nhleko’s caginess all but confirms Ntlemeza appointment is dodgy

3 December 2015

The failure of Police Minister, Nathi Nhleko, to provide a list of shortlisted candidates for the head of the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks, compounds suspicions of irregularities that plagued the filling of the corruption buster’s top post.

In reply to a DA parliamentary question, Minister Nhleko, defensively added that all procedures and guidelines were complied with, and that he will only be in a position to provide a list of shortlisted candidates when Parliament reopens next year.

There is no reason for the Minister to withhold the list, which should be readily available in document form, unless  he does in fact have something to hide from the public and those questioning the permanent appointment of Berning Ntlemeza as Hawks head.

There is also speculation that Ntlemeza never made the shortlist, but was appointed regardless.

Section 17CA of the South African Police Service Act requires that the head of the Hawks be a fit and proper person with integrity. 

The DA has maintained that his appointment as the acting head of the Hawks was unlawful because the suspension of his predecessor, Anwa Dramat, was unconstitutional by its very nature. The appointment of Ntlemeza is born from fatal errors in law and due process.

Both the North Gauteng High Court and the Constitutional Court declared that the Police Minister’s decision to suspend Dramat was “unlawful”, “invalid” and must be “set aside”.  The Courts stated that the same was true for the appointment of acting Hawks boss, Berning Ntlemeza. 

In January the North Gauteng High Court slated the illegitimately installed Ntlemeza citing his suspension of Gauteng Hawks boss, Shadrack Sibiya, as unlawful, invalid and unconstitutional. As unconstitutional as his [Ntlemeza] very appointment to head up the Hawks,

This comes after North Gauteng High Court Judge Matonjane found that there was indeed no legal or factual basis for the suspension of Sibiya and that Ntlemeza acted “without any single shred of [prima facie] evidence.” Judge Matonjane also called Ntlemeza “biased, dishonest and lacks integrity and honour.” “To further show he is dishonest he made false statements under oath.”

Ntlemeza is so patently unfit to be the Hawks head.

Despite this, the Minister confirmed his permanent appointment in September in a move that can only be describe as the cynical attempt to undermine constitutional and democratic institutions that fight corruption by appointing servile and docile deployees. The hollowing out of the Hawks is but a part of the onslaught by President Zuma’s ANC against institutions like the Public Protector, the South African Revenue Service (SARS) and the National Prosecuting Authority (NPA) that get too close to the President’s friends and allies.

In the interest of transparency and accountability, and to demonstrate government’s commitment to fighting corruption, Minister Nhleko must provide the names of shortlisted candidates before the year ends. The Parliamentary operation is not closed yet, and Minister Nhleko has an opportunity to submit the list before close of business on 15 December.

Failure to do so compounds the belief that the appointment of Ntlemeza was irregular and confirms the fears that it was simply done to strip the Hawks of its claws in the fight against corruption.

Issued by Marius Redelinghuys, Shadow Deputy Minister of Police, DA, 3 December 2015