Masetlha 'above the law'

Home Affairs DG Billy Masetlha seems to have placed himself above the law resulting in a major setback for democracy in South Africa, the department's minister Mangosuthu Buthelezi said on Thursday. Replying to questions in the National Assembly, Buthelezi said by working without a valid contract, Masetlha had placed the legality of all actions taken by the department in jeopardy. "It is possible that Mr Masetlha is placing himself above the rule of law and creating the invalidity of an enormous amount of actions taken by my department with unforseeable consequences for the state. It was also an enormous setback for our democracy as it seems that certain people are becoming untouchable and beyond the reach of law."

The support Masetlha was receiving from "many sectors" was effectively placing him beyond the reach of the law. Buthelezi said he, as the political head of the department, was therefore not able to perform his Constitutionally mandated function of being accountable to Parliament. Relations between the minister and the DG have been strained for months and Buthelezi has claimed - backed by legal opinion of senior counsel - that Masetlha had not had a valid employment contract since June this year. The minister told MPs on Thursday that "no conclusions were reached" at a meeting earlier this week between himself, President Thabo Mbeki and Deputy President Jacob Zuma. Contrary to statements issued by the Presidency, the meeting was not convened to deal solely with the Masetlha issue. "The impression I got from the Deputy President was that it was a meeting that we have, the three of us, from time to time. At this meeting this issue, among other things, was raised but no conclusions were reached on that," he said.

Both Buthelezi - the Inkatha Freedom Party leader - and Masetlha, a former ANC intelligence operative, have previously asked for Mbeki's intervention. Buthelezi said he had referred all information and documentation on Masetlha's contract to the Public Service Commission following a recommendation by Parliament's home affairs portfolio committee. The commission was investigating the matter, but ultimately the final decision of the DG's status rested with the President. The minister said he had only agreed to Mbeki's request that Masetlha's contract be extended on condition that the situation was reviewed when the President returned from an overseas trip. He had, at that time, communicated this to Masetlha and the Cabinet.

Buthelezi last week presented a 10-page document citing 64 examples of alleged wrongdoing by Masetlha to the home affairs committee. He accused the director-general of insubordination and defiance. Masetlha said in response that he was angry and disappointed by the accusations, which he contended were part of a campaign to vilify him.

Source: mail & Guardian