Successfully applying for a postponement on Tuesday, arms deal critic Terry Crawford-Browne suggested in an application before the Cape High Court that Finance Minister Trevor Manuel’s sequestration action was ”malicious”.
Crawford-Browne said in court papers: ”I shall argue that the application fails the requirement of any prospect of financial recovery and is malicious, being intended to silence me and to divert national attention from the Minister’s culpability and failure to meet his constitutional obligations of public office.”
Crawford-Browne said it was ”unreasonable” for an individual, who acted in the public interest, to be punished or sequestrated for legal costs.
Manuel filed a notice of motion for Crawford-Browne’s provisional sequestration on June 23 this year.
Crawford-Browne failed in a high court bid to have the controversial multibillion-dollar arms deal overturned by arguing Manuel had exceeded his powers and was reckless in signing loan agreements to pay for the weapons.
The court last year dismissed the application with costs, including the costs of two counsel. The application cost slightly less than R1-million.
An application for leave to appeal was also dismissed. On December 22, 2004, the sheriff served a writ of execution on Crawford-Browne demanding payment of R915 858.
On January 11, 2005, the sheriff served another writ of execution in respect of the Supreme Court of Appeal application, demanding a sum of R21 753.
Crawford-Browne was unable to pay, with the sheriff recovering a vehicle registered in Crawford-Browne’s name and valued at R7 000.
In a founding affidavit, Treasury director-general, Elias Kganyago, submits Crawford-Browne has been ”less than frank” in advising the sheriff that he has no money, disposable property or assets.
Kganyago said Crawford-Browne and his wife lived in a house in an upmarket area which would be valued at no less than R500 000.
Kganyago suggested that the purchase of the property in Milnerton, which was registered in the wife’s name, be investigated because she was allegedly unemployed. He said that a property in Tamboerskloof in which the couple lived for nearly a decade also needed to be investigated.
”It is necessary to establish whether the respondent has ever owned or currently owns, unbeknown to the applicant, other property. In the case of property previously known the applicant [Manuel] is entitled to establish the circumstances surrounding any disposals and what has become of the funds realised from such
disposals,” said Kganyago.
Crawford-Browne said in his postponement application that he was negotiating to be jointly represented in their private capacities by professors Jeremy Sarkin and Hugh Corder.
Judge James Yekiso postponed the matter to November 2. – Sapa