Thatcher Lashes Out At Minister's Decision
Business Day (Johannesburg)
September 23, 2004
Chris Van Gass
Cape Town
UK businessman Sir Mark Thatcher has hit out at Justice Minister Brigitte Mabandla, saying she did not apply her mind when she gave orders for him to be subpoenaed to answer questions about his alleged involvement in a failed coup attempt in Equatorial Guinea.
In his first public fightback , through an affidavit filed in the Cape High Court originally withheld from the media by Cape Judge President John Hlope Thatcher said the department's director-general, Vusi Pikoli, was influenced "by an error of law" because he merely rubberstamped the Equatorial Guinean request for assistance. Mabandla had in turn approved it without applying her mind, he said.
Thatcher, who continues to maintain his innocence, said Mabandla's and Pikoli's decision to subpoena him to answer questions was invalid, taken irrationally, was inconsistent with the rule of law and, accordingly, was unconstitutional.
He said Mabandla had failed to take into account the flagrant denial of justice and the violation of human rights that occurred in Equatorial Guinea, and that he would not receive a fair trial in that country.
Thatcher's application for a review hearing of the subpoena will take place on October 26 and 27, and his questioning in the Wynberg Magistrate's Court has been postponed to November 26, a day after he is due to appear in court on charges of contravening the Regulation of Foreign Military Assistance Act.
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