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SA: ANC Hoax Emails: Mbeki criticised for Masetlha move

WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.

Original Post Date: 2007-10-04 Time: 00:00:00  Posted By: Jan

[EXACTLY!! Mbeki is a man who is engaging in PURGES – and it all started with the firing of Jacob Zuma. Mbeki is busy, just as Lenin and Stalin were. Jan]

The president has been sharply criticised for the way in which he fired intelligence director-general Billy Masetlha – with two of South Africa’s most powerful judges describing the axing as a “violation”.

Constitutional Court justices Sandile Ngcobo and Tholie Madlala on Wednesday slammed the spy boss’s dismissal as unfair and unconstitutional, arguing that President Thabo Mbeki should at least have given Masetlha the chance to defend himself against the as-yet-undisclosed reasons behind it.

And, while most of the court’s justices found Mbeki had the power to dismiss Masetlha, they warned it “must be exercised in manner that would not violate the human dignity of those concerned”.

Deputy Chief Justice Dikgang Moseneke said he could understand why Masetlha turned down a R1,7-million financial settlement from the government so as to fight for his reinstatement, as part of “his personal quest to protect and restore his reputation” and search for vindication.

“(This quest) is neither frivolous nor a matter which does not engage the cardinal constitutional value of dignity.”

While Masetlha maintains he has no idea why he was suspended in 2005 and dismissed in March last year, his axing has been linked to so-called hoax emails that accused senior ANC members of conspiring against the party’s deputy president, Jacob Zuma, and secretary-general, Kgalema Motlanthe.

Masetlha is on trial for fraud related to the e-mails, but all of the Constitutional Court’s justices steered clear of making any findings over the controversial affair.

Instead, they maintained his dismissal was the result of an “irretrievable breakdown” in the relationship with Mbeki.

The court’s 122-page judgment, in which the justices unanimously found Masetlha should be paid out in full for the entire duration of his three-year contract, also raised questions about his rights and those of fellow presidential appointee, suspended National Director of Public Prosecutions Vusi Pikoli, to contest their suspensions or dismissals.

According to Justice Albie Sachs, such appointees’ rights appeared to exist “in a legal void”.

“Our constitution eschews autocracy, and it is unthinkable that a senior public figure straddling the divide between the public administration and the government – and expressly commanded to work within the law – should be obliged… to function in a legal void without any rights at all.”

Justice Sachs took issue with the way in which Intelligence Minister Ronnie Kasrils conveyed the news of Masetlha’s suspension during a much-publicised press conference, at which he suggested “questionable conduct” was behind the axing.

Justice Moseneke, with the majority of the court, declined to order that disputes over who fired Masetlha be referred to the High Court – a ruling that would have forced Mbeki to take the stand.

    • Source: http://www.iol.co.za/index.php?art_id=vn20071004005913334C575098