The Pretoria Commercial Crimes Court on Monday dismissed an application by former National Intelligence Agency (NIA) boss Billy Masetlha for a warrant of arrest for Intelligence Minister Ronnie Kasrils for failing to appear in court, the South African Broadcasting Corporation reported.
Masetlha, software salesperson Muziwendoda Kunene, and NIA manager for surveillance Funokwakhe Madlala are facing charges of fraud.
The charges relate to alleged hoax e-mails implicating senior ANC members in a conspiracy against former deputy president Jacob Zuma.
Kasrils and African National Congress (ANC) secretary general Kgalema Motlanthe appear on the state’s list of possible witnesses.
However, Masetlha’s lawyer Neil Tuchten informed the court they were subpoenaed because they had certain documents in their possession. Motlanthe attended Monday’s proceedings, but Kasrils was absent and was represented by his lawyer, which prompted Masetlha’s lawyers to file for a warrant of arrest.
The state argued that the application for Kasrils’ arrest was outrageous and that the defence was not entitled to consult witnesses before they completed their testimony.
Magistrate Dawie Jacobs ruled that the subpoenas were defective.
He said the defence could obtain the documents by requesting for them from the state.
The matter was postponed to September 3 for trial. – Sapa