National Intelligence Agency director general Billy Masetlha’s application to have his suspension overturned was removed from the Pretoria High Court’s urgent roll on Tuesday and postponed indefinitely.
This was done by consent of the parties — Masetlha as the applicant, and Minister of Intelligence Ronnie Kasrils and President Thabo Mbeki as the respondents — according to a court document.
They would have to re-enrol the application for a suitable date.
Masetlha’s attorney, Imraan Haffegee, said his client will no longer pursue the matter in the form of an urgent application, but will probably bring it to court next year.
He would not elaborate on the exact nature of the application to be brought, saying only Masetlha intends supplementing his founding affidavit.
Earlier this month, Masetlha filed documents in the high court, asking for an urgent hearing on Tuesday for the setting-aside of his suspension, which he considered unlawful.
He received a minute last week, 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, which was initially aimed only against Kasrils.
The initial court challenge cited Mbeki only because he had an interest in the matter, but did not seek any relief from the president directly.
In his original notice of motion, Masetlha had asked for an order overturning his suspension and for Kasrils to be interdicted from interfering with Masetlha’s ”right to enter his office premises and carry out his duties”.
Masetlha and two other senior officials were suspended last month pending 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 probe by the inspector general of intelligence at Kasrils’s 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