Minister of Police, Nkhosinathi Nhleko reportedly handed in papers at the High Court to appeal the ruling of Peter Mabuza, Judge of the North Gauteng High Court following a full bench of judges in the North Gauteng High Court unanimously declaring the appointment of Hawks boss, Berning Nthlemeza unlawful and invalid last Friday.
Neither is the National Prosecuting Authority going to prosecute him after a complaint was lodged against him by a now suspended policeman, following the Limpopo Director of Public Prosecution, Ivy Thenga’s decline to prosecute, “as no prima facie case could be found based on the docket.”
Nthlemeza’s appointment was challenged by the Helen Suzman Foundation and the rights group Freedom Under Law. The complainants alleged that Ntlemeza was unfit to hold office. The foundation’s legal representative, David Unterhalter SC, argued that the appointment of Ntlemeza was unlawful, irregular and irrational in light of findings and remarks made by two judges in previous cases.
Polokwane Observer learnt about the decision made by the Limpopo Director of Public Prosecution (DPP), Ivy Thenga, as well as the office of National Director of Public Prosecution to decline to prosecute Ntlemeza on an earlier complaint encapsulating charges of corruption and contravention of sections of the Prevention and Combating of Corrupt Activities Act last Thursday.
A complaint was brought against Ntlemeza by now suspended Police officer, Boitumelo Ramahlaha, formerly attached to the Provincial Crime Prevention Unit. According to information the matter relates to the alleged protection by Ntlemeza of an erstwhile Limpopo Flying Squad Commander Terrance Rallele who was widely reported to have had a relationship with Ntlemeza’s daughter and was dismissed from the Police in November last year after a disciplinary hearing following a sentence of four months imprisonment or a fine of R2 000 suspended for three years for theft of a cell phone. Ramahlaha accused Ntlemeza, who was still based in the province at the time, of protecting Rallele.
Spokesperson for the National Prosecuting Authority in Polokwane, Mashudu Malabi-Dzhangi on Thursday confirmed that the docket had been read by Thenga, who said she personally went through the docket and found no prima facie case to open a case against Ntlemeza based on the contents of the docket.
Thenga told Polokwane Observer the person who was the key witness, the immediate supervisor of Rallele, confirmed that the signatures appearing on the trip authorisation are hers and the alleged perpetrator’s but could not say the trips were not official.
Ramahlaha was suspended in December last year and charged for resisting arrest and defeating the ends of justice. He appeared in the Seshego Magistrate’s Court earlier this week, and the case was postponed to 14 and 15 June, as the prosecutor, Elijah Mamabolo, had to recuse himself from the case following an investigation instituted against him “relating to his integrity,” as he told the magistrate, Marc Rijkenberg.
Story: NELIE ERASMUS