mbeki 'satisfied' at outcome of masetlha case
Posted 21 December 2006

President Thabo Mbeki is "satisfied" that the Pretoria High Court turned down an application to reinstate former National Intelligence Agency (NIA) director-general Billy Masetlha, his office said on Tuesday.   As always, the president accepted the outcome of the judiciary, but was satisfied with the outcome of this particular case, said presidential spokesperson Mukoni Ratshitanga.

In a judgment he took just minutes to hand down, Judge Ben du Plessis ruled that a breakdown of trust was a lawful reason for Mbeki's suspension and sacking of Masetlha.  Masetlha was suspended in October last year and dismissed in March this year.

"(The) relationship of trust between me, as Head of State and the national executive and you as head of the National Intelligence Agency has broken down irreparably," Mbeki wrote after changing Masetlha's terms of office and in effect firing him 21-months before his contract ended.

A day after his dismissal, Masetlha was implicated in a hoax email saga in which fabricated communication interceptions made out that senior African National Congress (ANC) members were involved in a conspiracy against the party's deputy president Jacob
Zuma and secretary-general Kgalema Motlanthe.

"It is self evident that mutual trust must exist between the president and the heads of intelligence services. The breakdown constitutes a lawful basis for the president to have dismissed the applicant," Du Plessis found.  Mbeki had to work closely and heavily rely on officials such as intelligence heads in making important decisions affecting the country's security.

It was in the interest of the president and the public to trust the head of the NIA, he found.  Masetlha had asked the court to overturn his dismissal with a finding that it was unlawful and invalid, but Du Plessis dismissed his application with costs on Tuesday.

Accompanied to court by several bodyguards, Masetlha refused to comment on the outcome. He wanted to first study the judgment, he said.  Mbeki has appointed Manala Manzini to a three-year term as director-general of the NIA.  Meanwhile, Masetlha has been charged - together with software salesman Muziwendoda Kunene and NIA electronic surveillance manager Funowakhe Madlala - with fraud involving R152 000 relating to the hoax emails.

The charge sheet alleges that they pretended to Mbeki, Intelligence Minister Ronnie Kasrils and the NIA that several "controversial and damaging" documents were genuine, when they were actually fabrications.

The documents were allegedly produced by Kunene, whose R152 000 fee to intercept emails and other electronic communication for the NIA was apparently authorised and approved by Masetlha.

The preamble to the charge sheet alleges that Madladla and Masetlha failed tell the NIA or their superiors that the documents were fabricated even though it "must have been abundantly clear to them" they were not genuine.

They will appear in court again on February 9. Masetlha is out on bail of R10 000.  

Sapa, Louis Oelofse, www.legalnet.co.za