Freedom Under Law remains hopeful in case against Ntlemeza
A court yesterday found FUL failed to prove Ntlemeza’s continued presence could cause irreparable harm.
PRETORIA - While Freedom Under Law says it's disappointed a court found its application involving Hawks head Berning Ntlemeza was not urgent, it's confident it still has a case to have his appointment set aside.
The North Gauteng High Court yesterday found the parties failed to prove that Ntlemeza's continued presence in office has the potential to cause irreparable harm.
The organisation together with the Helen Suzman Foundation has applied to have Police Minister Nkosinathi Nhleko's decision to appoint Ntlemeza set aside on the basis that he is not fit and proper to hold office.
Judge Neil Tuchten found that Nhleko's incorrect view that earlier findings against Ntlemeza were irrelevant meant he probably disabled himself from making a rational decision when making the appointment.
He added that a decision maker is not free to simply brush aside the considered opinion of a court.
Freedom Under Law's Judge Johan Kriegler believes they have a strong case.
"Finding against him should have been a disqualification in itself, it doesn't appear as if that finding was ever investigated or ever considered."
A new court date will now be set to hear that aspect of the application.