The Cape High Court on Friday reserved judgement in German fugitive Jurgen Harksen’s appeal against extradition to Germany, where he is wanted on embezzlement charges.
Harksen launched his appeal without legal representation, before a full bench, comprising Deputy Judge President Jeanette Traverso and Judge Roger Cleaver.
He objected to what he believed to be a ”blanket” extradition order which was signed by Justice Minister Penuell Maduna and gave the German authorities the right to arraign him on multiple fraud charges.
Instead, he demanded extradition on three specific charges only, which were listed in the German warrant for his arrest.
Harksen appealed the very extradition order to which he consented after protracted proceedings before magistrate Ingrid Freitag — the third extradition hearing over a period of about eight years.
The appeal was opposed by State senior counsel Charles Louw.
Harksen told the court he was convinced he would be able to persuade the German court of his innocence which would enable him to return to South Africa.
”I ask the court to make sure that I return to Germany on the three charges listed on the German arrest warrant, together with clear details of the charges I have to face.”
The court earlier turned down Harksen’s bid for a 14-day postponement which he needed to prepare his appeal.
Concerning his postponement bid, Louw told the court Harksen had used a number of ruses to delay his extradition and that ”this was just another”.
If the court allowed the postponement, it would place the country’s justice system in disrepute, he said. Louw said the application for a postponement was a technical manoeuvre to gain time, and was not bona fide.
One of Harksen’s grounds for requesting a postponement had been that he had no access to legal representation. Louw said this was false: ”When it suits him he hasn’t got counsel”.
Louw said Friday’s proceedings in the high court were the 45th opposed proceedings involving Harksen since he had been in the country and Harksen was aware of what was required of him in the appeal proceedings and that the appeal should proceed without a postponement.
Harksen denied that he was playing for time and said he wanted to bring the proceedings to a conclusion in a manner that was correct for himself.
Meanwhile, Democratic Alliance (DA) Chief Whip Douglas Gibson, under fire for his attack on Judge Siraj Desai over the Harksen donation issue, said he had criticised the judge in his political, not judicial, capacity.
Gibson accused the Desai Commission of being a ”kangaroo court” with an African National Congress (ANC) agenda after dramatic testimony on Thursday by Harksen at the commission that he had bankrolled the DA.
In a statement on Friday, Gibson said Desai had replied to the criticism by taking refuge behind his status as a judge.
”I criticised him, not in his judicial capacity, but as the chairperson of a political commission appointed by Premier Peter Marais aimed at smearing the Democratic Alliance and Tony Leon.”
Desai and all other members of the judiciary needed to consider very carefully whether they should allow themselves to be used by politicians, Gibson said.
Desai on Thursday rejected Gibson’s charges, saying the chief whip diminished himself and his party by resorting to slanderous personal attacks.
”All the parties will be afforded a fair opportunity to be heard and the commission which I chair will come to conclusions on evidence which we find to be credible,” said Desai.
Gibson said: ”Judge Desai could have declined to serve as a commissioner and he should most certainly have refused to accept the extension of his terms of reference far beyond the original intention of the commission.
”He was appointed to investigate bugging devices; Peter Marais chose to expand the terms to include the question of whether persons in the provincial administration received money from Jurgen Harksen.”
Desai was now knee-deep in investigating donations to a political party and political donations were not illegal and there were no rules relating to donations to a political party, Gibson said.
The DA said its leader Tony Leon would address the Harksen issue in a speech at the Pietermaritzburg Royal Show on Sunday. – Sapa