Citypress Online
Monday, November 20, 2006
Sonia Molema
Former spy chief Billy Masetlha has subpoenaed President Thabo Mbeki and Intelligence Minister Ronnie Kasrils to provide evidence in his criminal case.
But Masetlha's lawyer, Imraan Haffegee, and the presidency said the president was not required to appear before the court in person but to provide a number of documents.
The subpoena, received by the presidency earlier this week, states that Mbeki or "his lawful deputy" is "required in person".
Haffegee said the defence did not "require him (Mbeki) at this stage" and said their future approach would depend on whether they were satisfied with the documents they received from the president.
The court case relates to Masetlha's alleged refusal to testify before the inspector- general of intelligence's probe into the origins of "hoax" e-mails falsely implicating a number of leaders in a "plot" to prevent ANC deputy Jacob Zuma from running for president.
Among the documents mentioned in the subpoena are recommendations, opinions, memoranda and office notes "prepared in the office of the president and/or submitted to President Mbeki during the period June 2005 to date" the minister of intelligence "relative to the suspension, the amendment of the term of office of and the termination of the appointment of Masetlha and/or members of the NIA (National Intelligence Agency)".
Kasrils and the president suspended Masetlha late last year following revelations that the NIA had spied on top ANC government officials and business leaders in an operation believed to be linked to the ANC's succession battle.
Masetlha insisted that he had acted lawfully and that the intelligence agency's actions had the backing of the highest office in the land.
He has also accused Kasrils of having influenced the president's decision to axe him.
The presidency said many of the documents Masetlha required were already in the public domain.
Ministry of intelligence spokesperson Lorna Daniels confirmed that Kasrils had been subpoenaed.
Meanwhile, Masetlha's dismissal review case in the civil courts is likely to be heard on Thursday and Friday this week.
The state had offered to pay Masetlha a lump sum equivalent to the cost of the remainder of his contract as part of a settlement, but the former spy boss, and erstwhile Mbeki associate, has refused to accept the money, deciding to fight the battle for his reinstatement through the courts.
Sources in government said that Masetlha was not being paid a salary although he was still staying at the official residence of the head of the NIA inside the Musanda compound, which forms part of the NIA headquarters.