The IT executive at the centre of an alleged hoax e-mail conspiracy within the African National Congress had no action pending in the high court over his arrest, the Pretoria Regional Court heard on Thursday.
Muziwendoda Sikhona Kunene’s defence representatives had asked that the case be set aside because of high court action over his arrest on a search-and-seizure warrant rather than an arrest warrant.
However, prosecutor Matric Luphondo produced documents showing that while a high court application had been made, it was removed from the roll on December 13.
”… There is nothing else that can be read from these documents other than that the application is no longer on the roll,” Luphondo said.
He contended that the arrest was in line with provision of the Intelligence Services Oversight Act.
Kunene was arrested in December for allegedly distributing hoax e-mails implicating ANC senior members in a conspiracy against the party’s deputy president Jacob Zuma and secretary general Kgalema Motlanthe.
He is accused of contravening the Act by not providing information about the e-mails to the Inspector-General of Intelligence Zola Ngcakani.
The saga has resulted in President Thabo Mbeki’s dismissal of National Intelligence Agency director-general Billy Masetlha.
The court adjourned to consider both sides’ arguments. – Sapa