Lieutenant General Berning Ntlemeza’s legal team has told the High Court he should immediately be allowed to return to work as head of the Hawks because an order preventing him from doing so has been suspended.
Ntlemeza has approached the High Court in Pretoria to stop Police Minister Fikile Mbalula from prohibiting him from reporting for duty.
A full bench of the same court ruled last month that the lieutenant general is not fit to hold the top post.
His advocate Nceba Dukada says that order has been appealed and will be heard in the Supreme Court in two weeks’ time.
“The applicant has filed an appeal against the enforcement order granted by the full court and that automatically suspended the entire enforcement order. In other words, the status quo ante remains and the applicant must be at work.”
Mbalula’s advocate Nazeer Cassim says Ntlemeza’s reliance on legislation which suspends the enforcement order is misplaced.
“The full bench also dealt with a counter application and if this counter application also says if this applicant is going to launch a notice of appeal then we want the full bench to pronounce that he cannot go back to work pending any such appeal.”
Judgment will be handed down at 10am on 18 May.