The tiff between the National Intelligence Agency (NIA) and the Scorpions over a leaked confidential document has continued. The NIA on Monday effectively accused the elite crime-busting unit of dishonesty. Represented by advocate George Bizos, the NIA contended that its confidential document - in which the Scorpions were accused of spying for foreign intelligence agencies - was unsigned and withdrawn from the Khampepe Commission, which is investigating the future of the Scorpions.
'They had no right to respond to it'
Bizos argued that even after the NIA had made it clear to the Scorpions that the document was unsigned and withdrawn, the Scorpions continued to respond to it. "We were assured... that the document would be returned to us. We asked a number of people that it should not be circulated. (But) last Friday the unsigned document was answered to by the DSO (Directorate of Special Operations)... I told the DSO that they had no right to respond to it," said Bizos. The DSO is the official name of the Scorpions.
Bizos added that, "much to the surprise and disappointment" of the NIA, the document was leaked. We do not know who is responsible. We hope that officers of the commission will try to find who breached that confidentiality." Advocate Ishmael Semenya, the evidence leader for the commission, said the leak did not emanate from his staff.
Scorpions do not have a civilian oversight body
Commission chairperson Judge Sisi Khampepe also warned against the leaking of information and the use of a confidential document that was not presented before her. The City Press newspaper reported that the NIA, in the withdrawn document, had argued that the Scorpions were a security risk and were breaking the law by gathering intelligence against their mandate.
In her submission, Democratic Alliance justice spokesperson Sheila Camerer argued on Monday that the constitution provided for the Scorpions to gather intelligence. "Any deficiencies in exercising oversight over the intelligence function of the Scorpions can be dealt with by drafting legislation to regulate intelligence-gathering functions of the Scorpions," she said.
Camerer suggested that the same rules regulating the NIA and the Secret Service should be applied to the Scorpions. All the intelligence agencies - the police's crime intelligence, military's defence intelligence, the NIA and the Secret Service - are monitored by a civilian inspector-general, Zolile Ngcakani, while the Independent Complaint Directorate is the ordinary police units' watchdog body.
The Scorpions do not have a civilian oversight body. However, it is subject to oversight by the controversial ministerial co-ordination committee and has also appeared before parliament's watchdog committee on intelligence.
Camerer rejected claims by the SA Police Service (Saps) and safety and security minister Charles Nqakula that the constitution required a single police service. "In this context, it appears the Scorpions only share an investigative function similar to the Saps and investigating crime is only one of the myriad of functions of the Saps. Therefore, unless the Scorpions usurp all other police functions, this argument has little or no merit," she said.
The DA said any bid to pander to the Scorpions' "misguided" critics would amount to succumbing to political pressure. Semenya cautioned the DA against making any political statement that fell outside its terms of reference. Judge Khampepe ordered the DA not to present the portion of its submission that contained political connotations and also gagged the media from reporting on it.
Source: IoL
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