Pretoria | Wednesday
THE Pretoria High Court sentenced South African Safety and Security Minister Steve Tshwete to 30 days in prison on Tuesday for contempt of a court order, but the minister will not be arrested.
Judge Hekkie Daniels ordered the minister to spend the time in prison for his ”contemptuous conduct” for failing to follow a court order to pay a contractor R43 000 rand ($5 200).
Tshwete did not appear in court, or send a lawyer.
Advanced Contractors obtained the order after a vehicle was wrongly confiscated by police — who come under Tshwete’s ministry — and given to someone who was not the rightful owner.
The state attorney’s office said the money had been paid, but that an administrative error had led to the payment not being reflected in the relevant bank account.
However, Tshwete will not be arrested. In a statement, Assistant Commissioner Joseph Ngobeni said: ”This office would like to make it quite clear that the Minister Tshwete, will not be arrested for contempt of court.
”This follows a court order issued on July 31 in which it was found that Tshwete, as head of the Safety and Security Department, should pay an applicant in a civil claim action the amount of R43039,34 plus interest. The amount had to be paid within a specific time period,” said Ngobeni.
”The payment of the said claim has already been approved by the South African Police Service and processed. The money in question will be transferred to the account of the applicant by midnight tonight (Tuesday).
During March last year the contractor obtained a Magistrate’s Court order which gave Tshwete five days to pay. When he failed to pay, the contractor obtained a High Court order to the same effect in July this year.
The contractor’s attorney said the company reserved the right to act in terms of the court order until it had ascertained that the correct amount had been paid.
Advocate Louis Kok, chief legal adviser in the office of the national police commissioner, said officials in the department were responsible for the payment, and Tshwete was cited in the court application only because he was head of that department.
”It has nothing to do with him personally,” Kok said, saying steps would be taken to have the order set aside.
”It was simply an administrative blunder. It was not a case of refusing to pay.
The Democratic Alliance also on Tuesday insisted that President Thabo Mbeki immediately fire Tshwete.
”Mbeki cannot further ignore the growing embarrassment that Tshwete is becoming,” DA representative Andre Gaum said.
”The minister did not even know about the case.” – AFP, Sapa