Police Minister Nathi Nhleko has acted outside of the law in his appointment of Berning Ntlemeza as head of the Hawks by not officially notifying Parliament in writing.
EWN parliamentary corespondent Gaye Davis joins The Midday Report's Stephen Grootes on the line from parliament.
The police minister says this was an oversight, which he takes responsibility for. He made the point that the relevant section in the Police Act, stipulates that you have to notify Parliament within 14 days of appointing the head of the Hawks, and which he failed to do.— Gaye Davis, EWN senior parliamentary correspondent
Davis explains that that section does not require Parliamentary approval, but is only required to inform the Legislature that the appointment has been made.
Nevertheless, it has reopened debate around Ntlemeza's appointment.— Gaye Davis, EWN senior parliamentary correspondent
Nhleko insisted that all due process had been followed in the appointment of Ntlemeza.
Opposition MPs argued that the police minister should, more than any other citizen, is expected to diligently uphold the law, and he is in breach of the Police Act.
However civil rights organisations like freedom Under law and the Helen Suzman Foundation have approached the courts regarding Ntlemeza's fitness to hold office.
The case will be heard in December.
Listen to the interview below: