The police ministry insists that legal action will be taken against axed Hawks boss Berning Ntlemeza if he attempts to occupy the top office on Tuesday morning.
Last week the High Court in Pretoria ruled that Ntlemeza be removed immediately as the Hawks boss.
Yolisa Matakata has since replaced him as the acting Hawks boss.
On Sunday the City Press reported that Ntlemeza has refused leave office, saying only Parliament can fire him.
Advocate James Grant, Associate Professor of Law at Wits University says Ntlemeza appears to have misunderstood the ruling.
He hasn’t been fired at all, what the court has done is declared his appointment invalid in the first place, so you can’t complain about being fired when in fact what’s happened is the decision to review you has been set aside.— James Grant, Associate Professor of Law at Wits University
Grant says Ntlemeza would be brave if he were to return to work.
He ultimately could be facing a charge of contempt of court if he were to present himself as the head of the DSO (Directorate of Special Investigations)— James Grant, Associate Professor of Law at Wits University
Click below to listen to the full interview....