Suspended National Intelligence Agency (NIA) director general Billy Masetlha filed an urgent application in the Pretoria High Court on Monday in a bid to secure his legal rights in a running probe into misconduct.
Masetlha was told on Thursday that the inspector general of intelligence wanted to interview him on Tuesday morning as part of the ongoing investigation, his lawyer, Imraan Haffegee, said.
He filed an urgent application on Monday afternoon for an order that he may not be interviewed without his lawyer being present, and that he be given access to certain documents — including the inspector general’s full terms of reference.
Haffegee said the matter was to be heard on Monday afternoon, but it had already been agreed between the parties that the interview be postponed until at least Friday.
They will appear in court on Tuesday to determine a way forward.
”It is possible that we may reach agreement without a court order,” Haffegee said.
Last week, an application by Masetlha to have his suspension overturned was removed from the Pretoria High Court’s urgent roll 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.
The matter would have to be re-enrolled for a suitable date — possibly only next year, Haffegee said at the time.
Earlier this month, Masetlha filed documents in the high court, asking for an urgent hearing for the setting aside of his suspension, which he considered unlawful.
He then received a minute 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 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 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’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 are politically motivated. — Sapa