President Thabo Mbeki has not received any papers requesting him to appear before the Constitutional Court to explain his sacking of former spy boss Billy Masetlha, his office said on Thursday.
This follows Masetlha lodging leave to appeal a high court decision that rejected his application to be reinstated as director general of the National Intelligence Agency (NIA).
”We have not received any papers from the Constitutional Court requesting the president to appear — but that is not to say that the papers will not come,” said the president’s spokesperson, Mukoni Ratshitanga.
Beeld on Thursday reported Chief Justice Pius Langa as saying that Mbeki and Masetlha should address the court on the constitutionality of the dismissal.
The Constitutional Court on Thursday confirmed that the matter was set to be heard before 11 judges on May 10.
”It is highly unlikely that Mbeki would appear. He would most likely send a representative or state attorneys to stand on his behalf,” said a court official who did not want to be named.
Mbeki fired Masetlha, citing a breakdown in trust following the latter’s alleged involvement in a hoax email saga that made out that senior African National Congress members were involved in a conspiracy against the party’s deputy president, Jacob Zuma, and secretary general Kgalema Motlanthe.
Masetlha is also facing a charge of withholding information from NIA inspector general Zolile Ngcakani, who was tasked to investigate the hoax email saga.
Masetlha has pleaded not guilty and the case is continuing. — Sapa