National Intelligence Agency director general Billy Masetlha is to pursue legal action in a bid to have his suspension overturned, his lawyer Imraan Haffegee said on Thursday.
He would not divulge the exact nature of the intended action.
”I have sent a letter to my opponents [attorneys for Intelligence Minister Ronnie Kasrils and President Thabo Mbeki] proposing a way forward,” Haffegee said.
”I cannot divulge our intentions until such time as we receive their response.”
He confirmed it would involve a court application of sorts. ”But it won’t be next Tuesday anymore.”
Masetlha had filed documents in the Pretoria High Court asking for an urgent hearing next Tuesday for the setting aside of his suspension, which he considered unlawful.
However, he received a minute on Tuesday, signed by Mbeki, confirming that his suspension had been based on a presidential decision of October 20.
After receipt of the minute, Haffegee said he and his client would have to reconsider their planned action.
The initial court challenge was brought against Kasrils, with Mbeki cited only because he had an interest in the matter. Masetlha did not initially seek any relief from Mbeki directly.
In a notice of motion, he asked for an order overturning his suspension and for Kasrils to be interdicted from interfering with his [Masetlha’s] ”right to enter his office premises and carry out his duties”.
Masetlha and two other senior officials were suspended last month pending the outcome of an ongoing probe into claims of ”serious misconduct” allegedly related to the unauthorised
surveillance of politician-turned-businessman Saki Macozoma.
The suspension of Masetlha, his deputy Gibson Njenje and NIA general manager Bob Mhlanga, followed an initial probe by the inspector general of Intelligence at Kasrils’ instruction.
This was based on a complaint from a member of the public, believed to be Macozoma.
The matter has been linked in the media to a succession battle in the ruling African National Congress between Mbeki and his axed corruption-accused deputy Jacob Zuma.
Macozoma is said to be a Mbeki loyalist. The ministry has denied that the suspensions were politically motivated. – Sapa