The Democratic Alliance (DA) will on Monday lead a picket outside the Hawks headquarters in Pretoria after dismissed Hawks boss Berning Ntlemeza indicated that he will return to work.

DA MP Zakhele Mbhele said that Police Minister Fikile Mbalula could and should use his power in terms of the SAPS Act, and suspend Ntlemeza.

The picket would take place at the Promat Building in Cresswell Road, Silverton, from 07:30.

Ntlemeza approached the Supreme Court of Appeal this week to challenge the judgment that found his appointment invalid.

His lawyer, Comfort Ngidi, previously explained that, according to the Superior Courts Act, the execution of a decision which is the subject of an appeal is suspended pending the decision of an appeal.

"This means that the decision that he must immediately vacate his office is suspended and he has a right to report back to duty," Ngidi said.

"The general will be reporting for duty and if he is disturbed from doing so, we will have to deal with whomever is stopping our client from exercising the rule of law," Ngidi told News24.

The High Court in Pretoria last week dismissed Ntlemeza’s leave to appeal a previous order of the court that set aside his appointment.

In March, the court found that then police minister Nathi Nhleko had ignored two court judgments, which found that Ntlemeza lacked integrity and honesty, when he appointed him as head of the elite police unit.

The court found that the findings in both judgments constituted "direct evidence" that Ntlemeza lacked the requisite honesty, integrity, and conscientiousness to hold public office.