Crusader against the arms deal Terry Crawford-Browne has described as "irrelevant" and "actionably defamatory" the minister of finance's claim that he failed, in opposing an application for his sequestration, to disclose a Durban property registered in his name.

He also claims he has good reason to believe Finance Minister Trevor Manuel's allegation "may have been occasioned by malice" because, he says, they have had an acrimonious relationship for some time.

His comments are included in an affidavit he filed with the Cape High Court yesterday in response to Manuel's application for a court order allowing him to attach and auction the Durban property and have it auctioned for R915 000.

Crawford-Browne, head of Ecaar SA, was ordered to pay the ministry's legal costs of more than R1 million following his organisation's failed attempt in court to halt the arms deal.

He failed to pay, but the ministry's application in November for his sequestration was refused as Crawford-Browne told the Cape High Court he had no assets other than rusty old Uno.

State attorney Muhammed Thaabit Kagee has since said he has searched the deeds office registry and found the flat in Crawford-Browne's name.

Crawford-Browne had also failed to tell Manuel's lawyers where the flat was, he said.

The flat is at The Astra, in Russell Street, Durban. Kagee's investigations also established that it had been attached for arrear levies.

The attorneys representing the body corporate told Kagee most of the units had been sold and were being transferred into the buyers' names.

The unit registered in Crawford-Browne's name would revert to the body corporate for outstanding levies, he was told.

Kagee asked that the property be declared executable.

In his affidavit, Crawford-Browne said he had abandoned any beneficial interest in the property in March 2003 and there was nothing improper or untoward in his failure to disclose it to Manuel's attorneys.

The property did not belong to him or anyone connected to him, he said. It remained in his name because the body corporate chair had failed to attend to the transfer of the legal title.

He did not intend to oppose Manuel's application to attach it.

With acknowledgements to Fatima Schroeder and the Cape Times.