Stefaans Brmmer
TRANSKEI Attorney General Christo Nel will prosecute casino magnate Sol Kerzner – provided Kerzner’s pre-emptive attempt to stop him fails.
Nel, who has waged an often single-handed campaign to have the R2-million bribery and corruption charges against Kerzner tested in court, was restrained in an 11th-hour interim interdict this week from arresting Kerzner or applying for his extradition. Kerzner lives in London.
Kerzner’s attorney, Sid Spilken, reportedly said Kerzner had sought the Umtata High Court interdict when he discovered that Nel was about to announce a decision about whether to charge Kerzner.
Kerzner argued in the application that his constitutional right to a speedy hearing would be violated. The alleged crime – a R2-million payment to George Matanzima, then prime minister of the Transkei, for exclusive gambling rights – happened more than 10 years ago.
Judge Selwyn Miller granted the interdict against Nel and his co-respondents – Safety and Security Minister Sydney Mufamadi and Justice Minister Dullah Omar – pending a hearing on Kerzner’s application no later than May 8.
But Nel hit back immediately: a day later, he issued a warrant for the arrest of former Cape Town mayor and attorney David Bloomberg, Kerzner’s alleged accomplice. Bloomberg, who was not party to Kerzner’s application, is also resident in the United Kingdom.
Nel told the Mail & Guardian: “I want to proceed with [Kerzner’s prosecution], provided it is constitutional.” He said the interdict did not stop him from making some preparations for the trial.
Kerzner’s interdict is the latest in a long chain of events frustrating Nel’s attempts to bring the Sun International founder to trial – and is an indication that Kerzner will not give up without a fight.
Kerzner admitted to the Harms Commission of Inquiry in 1989 that he had been party to the payment to Matanzima, but claimed he had done it merely to secure gambling rights which already belonged to him.
Nel tried to have Kerzner extradited from South Africa to the then “independent” Transkei, but was overruled in 1993 by the National Party government. Nel reopened the investigation in early 1995.
Last year Kerzner was the subject of accusations over funding of political parties. After initial denials by the African National Congress, President Nelson Mandela acknowledged Kerzner had participated in a R2-million election donation to his party. The NP allegedly also received a sizeable donation.
Nel said at the time that he would decide whether to prosecute as soon as his workload allowed. Clearly, Kerzner sensed that moment had arrived.