Thursday, August 21, 2008

R2,6m for premiers' legal bills

Western Cape taxpayers have had to fork out more than R2,6-million in legal fees for premiers and ex-premiers since 2003, as there is no law regulating who is liable.

Premier Lynne Brown, responding in the provincial legislature to a question from DA provincial leader Theuns Botha, revealed that the province had paid R19 130 for Gerald Morkel's defence and more than R1,8-million for Peter Marais between 2003 and 2008.

During the 2003/04 financial year, the province had paid R119 985 in legal fees for Marais. It had stumped up R783 483 for Marais in 2005/06 and R900 000 in 2007/08.

Premier Ebrahim Rasool's legal fees came to more than R800 000.

While Brown didn't specify the cases, in 2002 Marais was accused in the Cape High Court of sexual harassment by former social services MEC Freda Adams, but the charge was not proved. He was, however, found to have defamed her.

Early in 2003, Marais and former MEC David Malatsi were arrested in connection with corruption charges relating to payments of R100 000 and R300 000 by Italian businessman Riccardo Agusta.

In October 2003, Agusta pleaded guilty to two charges of corruption and was fined R1-million in a plea bargain with the Scorpions after admitting making the two payments to "grease" the approval process of his Roodefontein golf estate development outside Plettenberg Bay.

After a marathon trial that started the following month and lasted for nearly three years, Marais was acquitted in October 2006 on two charges of corruption stemming from these payments by Agusta, while Malatsi was convicted on one charge.

In November 2006, Malatsi was sentenced to five years in jail.

However, the matter is far from over, as the Scorpions want to appeal against Marais's acquittal, and Malatsi wants to appeal against conviction and sentence.

Last year, the province paid R818 550 for Rasool during a parliamentary investigation into whether he had misled the House about security upgrading at the home of the then Community Safety MEC, Leonard Ramatlakane.

Brown said there was no formal government policy regulating the provision of state legal assistance to public office bearers and public servants in civil or criminal matters. The provincial cabinet would have to make policy on the issue.

Brown's spokesperson, An Wentzel, said no premier, past or present, was held personally liable for legal fees. - Cape Argus

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