THE High Court in Pretoria has declared the appointment of Hawks boss Berning Ntlemeza invalid and ruled that it should be set aside.
The ruling was made on Friday following an application by the Helen Suzman Foundation and Freedom Under Law questioning his appointment and calling it irrational.
The two organisations have been locked in numerous court battles with Ntlemeza since the removal of his predecessor Anwa Dramat by Police Minister Nathi Nhleko.
Dramat along with former Gauteng head Shadrack Sibiya have been under investigation since Ntlemeza took over the post in an acting capacity.
They face charges of kidnapping, defeating the ends of justice and contravening the Immigration Act for the rendition of Zimbabwean nationals in 2010.
This despite the Independent Police Investigative Directorate (IPID) having completed an investigation that found they had not acted unlawfully.
The courts have been scathing in their judgements against Ntlemeza in the past.
In 2015, Judge Elias Matojane ruled that Ntlemeza lacked integrity and honour. He found that the Hawks boss had made false statements under oath.
The judgement effectively means he must vacate his position but Hawks spokesperson Brigadier Hangwani Mulaudzi said they would be studying it before commenting on the matter.
He said the decision whether Ntlemeza steps down will be made by Nhleko.
“We don’t know the reasons that were given. We are not sure what are the reasons. We will start by studying the judgement and the minister will make an announcement,” he said.