The star Online
Friday, November 24, 2006
Ousted spy boss Billy Masetlha has claimed in the Pretoria High Court that President Thabo Mbeki's "decision" to suspend him lacked legal power.
He said yesterday this was because the president merely rubber-stamped the decision of Intelligence Minister Ronnie Kasrils.
Masetlha, who wants his job back as head of the National Intelligence Agency (NIA), is asking Judge Ben du Plessis to review and set aside his suspension.
In the second leg of his application, Masetlha is asking that Mbeki's decision to reduce his term of office should also be declared void.
Counsel for the president contended that the suspension application was merely academic, but it was argued on behalf of Masetlha that the two applications went hand in hand.
Neil Tuchten SC said Mbeki was asked to provide reasons for Masetlha's suspension, but despite an undertaking to do so, had not yet provided any.
He said the applicant maintained that the president took no decision in October last year to suspend him. In fact, the decision was taken by Kasrils, who lacked the legal power to do so.
Tuchten said that would explain why Mbeki was unable to provide a proper record on the strength of which he had made his decision.
He argued that Mbeki tried to have the suspension application "go away" and also "sweetened the pill" by paying Masetlha's costs in the suspension application from the public purse, as well as a gratuity of R1 035 391 through Public Service Minister Geraldine Fraser-Moleketi.
The court heard that Masetlha gave the money back and decided instead to fight his case in court.
Counsel said Masetlha was told by Kasrils of his suspension while attending a meeting with the president.
He was instructed by Mbeki not to enter the NIA's premises without his permission for the duration of his suspension.
At no stage during the meeting was it suggested to Masetlha that the decision to suspend him was taken by Mbeki, said Tuchten.
However, counsel for the president said it was clear that it was Mbeki's decision and not that of Kasrils.
He argued that the relief the applicant sought was inappropriate, as it amounted to an order of reinstatement in circumstances where the relationship between the parties was such that reinstatement was impossible.
Tuchten said this was not an application regarding unfair dismissal, but rather to declare certain conduct void.
Masetlha's suspension and dismissal followed an investigation by the intelligence inspector-general into the so-called hoax e-mail saga.
FIGHTING: Billy Masetlha at court yesterday. Picture: Phill Magakoe