While former spy boss Billy Masetlha fights his dismissal in court, President Thabo Mbeki has moved swiftly to appoint his successor as National Intelligence Agency director-general.
Manala Manzini, who had been acting as the NIA director-general since October last year when Masetlha was suspended, has been appointed to the post with immediate effect for three years. This was confirmed by government spokesperson Joel Netshitenzhe. He said the decision to appoint Manzini was not cocking a snook at the legal process, given that Masetlha had instituted court action against the president. Netshitenzhe said the Constitution and relevant legislation made it clear that the president appoints the head of the intelligence services.
In a statement issued on Wednesday night, Netshitenzhe said Mbeki and the cabinet wished Manzini well in his new position "and they are confident he will acquit himself with distinction in the professional service of our country and its people".
Masetlha on Tuesday served court papers on the president challenging his dismissal as D-G last week. His lawyer, Imraan Haffegee, said on Wednesday that Manzini's appointment in the face of a court challenge by his client was news to him. He was not in a position to comment further.
Manzini was among the country's security, intelligence and defence chiefs who issued an unprecedented statement at the weekend backing the findings of Intelligence Inspector-General Zolile Ngcakani relating to the hoax email saga. But apparently the 51-year-old Manzini prefers to stay away from the limelight. When he was appointed acting D-G in October last year, Intelligence Minister Ronnie Kasrils described him as the "perfect spy". Manzini himself told reporters: "I like working in the background - that was until the minister and the president gave me the new challenge."
A father of four who lists music, football and swimming as his hobbies, Manzini is also a polyglot. Under languages, his official CV lists English, Zulu, Russian, Swazi, Xhosa, Sotho, Shangaan and Kiswahili. He matriculated in Meadowlands in Soweto in 1975 and left the country in 1976 for exile in Zambia. In addition to supporting Kaizer Chiefs, Manzini also admits to enjoying a glass of whisky now and again and playing golf to relax. He holds a BA in politics and public administration from the University of Zambia and a masters degree in Public Administration from the University of Liverpool.
In 1993, Manzini was assigned to the office of ANC president Nelson Mandela at the party's then Johannesburg headquarters, Shell House. He was part of the team that negotiated the new intelligence dispensation under the then Intelligence Services minister Joe Nhlanhla and in 1995 was appointed general manager: corporate services for the NIA. In 2000, he was posted to the South African embassy in Washington.
Source: IoL
Showing posts with label Zolile Ngcakani. Show all posts
Showing posts with label Zolile Ngcakani. Show all posts
Thursday, March 30, 2006
Friday, March 24, 2006
The rise and fall of spy chief Billy Masetlha
When the highly embarrassing espionage operation involving fabricated intelligence reports emerged, it tore apart a close-knit relationship between a head of government and his director-general of intelligence - and the spy chief bit the dust. This was in 1997, when the long-standing amity between the-then Israeli prime minister Benyamin Netanyahu and director-general of Mossad, Danny Yatom, broke down irreparably because a katza (spy) manufactured top secret reports for two decades. Netanyahu gave Yatom a lashing in his office in October, the same month President Thabo Mbeki gave the booted director-general of National Intelligence Agency Billy Masetlha a dressing down nine years later.
Similarly, compounding Yatom's quandary was the scandal's leakage to the media in the same way Masetlha's embarrassing operations were broken by Independent Newspapers in October last year. Yatom resigned while Masetlha was fired. But their spying careers both ended in March while they were in their early 50s, after each had spent two years in the job.
The irony of these espionage incidents is that one of the key issues that led to Masetlha's downfall involves the so-called hoax e-mails that, among other things, claim to associate intelligence minister Ronnie Kasrils with Mossad. The irony is how close confidants - Mbeki and Masetlha - turned against each other overnight, leading to Mbeki exercising his presidential powers and firing his spy chief. Given how easily upset the president can be, the firing of Masetlha came as no surprise after the suspended NIA director-general accused Mbeki - in papers lodged at the Pretoria High Court - of lying to save his job.
In an interview, Mbeki was visibly angry, accusing some of his intelligence agents of "manufacturing intelligence" and lying to please him. "The president as head of state and head of government is the principal client of civilian intelligence … Now you can imagine what would happen if the president is fed false information. "I am saying it is very dangerous and you cannot allow any compromise about quality of intelligence and its truthfulness, you can't afford a situation where people manufacture intelligence," Mbeki said last month.
Masetlha is blamed by intelligence inspector-general Zolile Ngcakani, and also by intelligence sources, for:
# Authorising the unlawful surveillance of ANC executive and businessman Saki Macozoma under the pretext that the he was involved with foreign intelligence. It was revealed that this has much to do with the succession battle in the ANC following Macozoma's implication in the e-mails since declared by Ngcakani to be hoaxes.
# Being involved in the fabrication of the e-mails that purport to implicate senior government and ANC officials in a plot to sideline and incriminate embattled former deputy president Jacob Zuma.
# Being highly involved in party political squabbles by colluding with politicians in the divisive succession battle that has polarised the ruling party between Mbeki and Zuma camps.
# Abusing intelligence and state resources for personal or political gain.
# Acting ultra vires in bugging and intercepting individuals' communications for the same purpose, which could have contributed to the fabrication of the e-mails.
# Fighting a bitter battle with Kasrils to win the heart of the president. This emerged at the October meeting where Masetlha wanted to brief Mbeki about the minister, but was suspended by Kasrils the following day. Masetlha accused Kasrils of being close to the British foreign intelligence agency - MI6.
# Fomenting divisions in the intelligence and security agencies, as exposed during the Khampepe commission to determine the future of the Scorpions. Masetlha accused Scorpions officials of colluding with foreign intelligence, including the US Central Intelligence Agency. He was censured by cabinet, while he became a hero in the Zuma camp for giving the former deputy president's "foes" a pounding.
But if this is true, it remains puzzling how Masetlha - who holds the president in high esteem - could allow professional rivalry to sacrifice his career and tilt towards the losing Zuma camp. Had he miscalculated the impact of his fight with Kasrils? Masetlha did not return messages left for him and his lawyer is said to be out of the country.
A senior spy who worked closely with him said Masetlha could have been motivated by "something serious" pushing him this far. But those who worked with him at the SA Secret Service, where he was also director-general, accuse him of recklessness. They say this was the same reason that forced him to quit Home Affairs after fighting with former minister Mangosuthu Buthelezi. However, all agree that Masetlha is an Alexandra-born street-fighter and, like Yatom, a hands-on spymaster. Even when he called him a liar, he trusted Mbeki and hoped for reconciliation, another intelligence source said. The trust had been mutual. Mbeki asked him in the winter of 2001 to form the controversial presidential intelligence unit, a clear indication that the president did not trust anyone but Masetlha. How this trust broke down (the main reason why he was fired), is a mystery.
Masetlha was the president's eyes and ears and defended him when Mbeki was pummelled at the ANC's national general council last winter, while security figures such as former defence force general Siphiwe Nyanda were openly rejoicing at Zuma's coming in from the cold. Masetlha's career revolved around Mbeki, having worked as the president's security adviser and his counsel on the DRC and Rwandan peace agreements. Mbeki appointed him to the sensitive key post of director-general of Home Affairs after serving, with the president's approval, as head of the secret service. In the winter of 2002, Mbeki recalled Masetlha from Home Affairs after his spat with Buthelezi and announced that the spy chief would reinforce security in the presidency.
Although it might seem his career is over and that the long-standing relationship between him and Mbeki is now something of a broken love affair, Masetlha is likely to intensify his confrontation with the president. He has nothing to lose. As former spymaster and presidential security adviser, he knows more about the president than anyone else. But it remains a poser how he would exploit this to his advantage. However, this could be countered by Ngcakani handing over his report to the SA Police Service with a view to charging Masetlha - either with treason or a lighter charge.
He might bounce back when the ANC's national executive committee triggers another skirmish over the e-mails, for secretary-general Kgalema Motlanthe and some NEC members have made it clear they do not accept Ngcakani's report. If they prevail (which seems unlikely), Masetlha might come back as adviser to another president, just as Yatom later became adviser to another Israeli prime minister - Ehud Barak.
Source: IoL
Similarly, compounding Yatom's quandary was the scandal's leakage to the media in the same way Masetlha's embarrassing operations were broken by Independent Newspapers in October last year. Yatom resigned while Masetlha was fired. But their spying careers both ended in March while they were in their early 50s, after each had spent two years in the job.
The irony of these espionage incidents is that one of the key issues that led to Masetlha's downfall involves the so-called hoax e-mails that, among other things, claim to associate intelligence minister Ronnie Kasrils with Mossad. The irony is how close confidants - Mbeki and Masetlha - turned against each other overnight, leading to Mbeki exercising his presidential powers and firing his spy chief. Given how easily upset the president can be, the firing of Masetlha came as no surprise after the suspended NIA director-general accused Mbeki - in papers lodged at the Pretoria High Court - of lying to save his job.
In an interview, Mbeki was visibly angry, accusing some of his intelligence agents of "manufacturing intelligence" and lying to please him. "The president as head of state and head of government is the principal client of civilian intelligence … Now you can imagine what would happen if the president is fed false information. "I am saying it is very dangerous and you cannot allow any compromise about quality of intelligence and its truthfulness, you can't afford a situation where people manufacture intelligence," Mbeki said last month.
Masetlha is blamed by intelligence inspector-general Zolile Ngcakani, and also by intelligence sources, for:
# Authorising the unlawful surveillance of ANC executive and businessman Saki Macozoma under the pretext that the he was involved with foreign intelligence. It was revealed that this has much to do with the succession battle in the ANC following Macozoma's implication in the e-mails since declared by Ngcakani to be hoaxes.
# Being involved in the fabrication of the e-mails that purport to implicate senior government and ANC officials in a plot to sideline and incriminate embattled former deputy president Jacob Zuma.
# Being highly involved in party political squabbles by colluding with politicians in the divisive succession battle that has polarised the ruling party between Mbeki and Zuma camps.
# Abusing intelligence and state resources for personal or political gain.
# Acting ultra vires in bugging and intercepting individuals' communications for the same purpose, which could have contributed to the fabrication of the e-mails.
# Fighting a bitter battle with Kasrils to win the heart of the president. This emerged at the October meeting where Masetlha wanted to brief Mbeki about the minister, but was suspended by Kasrils the following day. Masetlha accused Kasrils of being close to the British foreign intelligence agency - MI6.
# Fomenting divisions in the intelligence and security agencies, as exposed during the Khampepe commission to determine the future of the Scorpions. Masetlha accused Scorpions officials of colluding with foreign intelligence, including the US Central Intelligence Agency. He was censured by cabinet, while he became a hero in the Zuma camp for giving the former deputy president's "foes" a pounding.
But if this is true, it remains puzzling how Masetlha - who holds the president in high esteem - could allow professional rivalry to sacrifice his career and tilt towards the losing Zuma camp. Had he miscalculated the impact of his fight with Kasrils? Masetlha did not return messages left for him and his lawyer is said to be out of the country.
A senior spy who worked closely with him said Masetlha could have been motivated by "something serious" pushing him this far. But those who worked with him at the SA Secret Service, where he was also director-general, accuse him of recklessness. They say this was the same reason that forced him to quit Home Affairs after fighting with former minister Mangosuthu Buthelezi. However, all agree that Masetlha is an Alexandra-born street-fighter and, like Yatom, a hands-on spymaster. Even when he called him a liar, he trusted Mbeki and hoped for reconciliation, another intelligence source said. The trust had been mutual. Mbeki asked him in the winter of 2001 to form the controversial presidential intelligence unit, a clear indication that the president did not trust anyone but Masetlha. How this trust broke down (the main reason why he was fired), is a mystery.
Masetlha was the president's eyes and ears and defended him when Mbeki was pummelled at the ANC's national general council last winter, while security figures such as former defence force general Siphiwe Nyanda were openly rejoicing at Zuma's coming in from the cold. Masetlha's career revolved around Mbeki, having worked as the president's security adviser and his counsel on the DRC and Rwandan peace agreements. Mbeki appointed him to the sensitive key post of director-general of Home Affairs after serving, with the president's approval, as head of the secret service. In the winter of 2002, Mbeki recalled Masetlha from Home Affairs after his spat with Buthelezi and announced that the spy chief would reinforce security in the presidency.
Although it might seem his career is over and that the long-standing relationship between him and Mbeki is now something of a broken love affair, Masetlha is likely to intensify his confrontation with the president. He has nothing to lose. As former spymaster and presidential security adviser, he knows more about the president than anyone else. But it remains a poser how he would exploit this to his advantage. However, this could be countered by Ngcakani handing over his report to the SA Police Service with a view to charging Masetlha - either with treason or a lighter charge.
He might bounce back when the ANC's national executive committee triggers another skirmish over the e-mails, for secretary-general Kgalema Motlanthe and some NEC members have made it clear they do not accept Ngcakani's report. If they prevail (which seems unlikely), Masetlha might come back as adviser to another president, just as Yatom later became adviser to another Israeli prime minister - Ehud Barak.
Source: IoL
Wednesday, March 22, 2006
Mbeki gives Masetlha the boot
President Thabo Mbeki has terminated the services of suspended National Intelligence Agency (NIA) head Billy Masetlha with immediate effect. Briefing the media at Parliament following Cabinet's fortnightly meeting at Tuynhuys on Wednesday, government communications chief Joel Netshitenzhe said this followed Mbeki's determination that the relationship of trust between himself and Masetlha had irreparably broken down.
During its meeting, Cabinet had been briefed on the investigation by the Inspector General of Intelligence Services (IG) Zolile Ngcakani into the authenticity of allegedly intercepted "e-mail communication" among public figures. "The meeting noted the findings of the IG that these 'e-mails' were fabricated mock-ups that were not and could not have been communicated over the world-wide web. Overwhelming evidence, supported by independent expert testimony, points to the fact that the 'e-mails' and chat-room conversations were patently fraudulent," Netshitenzhe said.
Cabinet had agreed all relevant administrative, legal and policy issues deriving from the report should be followed up and, where required, Cabinet would be briefed on progress in this regard. The meeting was also informed that Mbeki had decided to terminate Masetlha's services with effect from Wednesday, March 22. "This decision, Cabinet was informed, derives from the President's determination that the relationship of trust between him and the head of NIA had irreparably broken down."
The IG and Intelligence Services Minister Ronnie Kasrils would brief Parliament's Joint Standing Committee on Intelligence, the management and personnel of the intelligence agencies, and the media on the details of the findings in due course, Netshitenzhe said. Masetlha would be paid out the balance of his contract, the extent of which was not known at this stage. Netshitenzhe would not be drawn on whether criminal charges, if any, would follow. The IG's investigation sought to establish the veracity and source of the e-mails.
Kasrils suspended Masetlha and two other senior officials last year, pending a probe into claims of "serious misconduct" allegedly related to the surveillance of politician-turned-businessman Saki Macozoma. The suspension of Masetlha, his deputy Gibson Njenje and NIA general manager Bob Mhlanga, followed an initial probe by the IG at Kasrils' instruction. This followed a complaint from a member of the public, believed to be Macozoma. The matter has been linked in the media to a succession battle in the African National Congress between Mbeki and former deputy president Jacob Zuma. Macozoma is said to be a Mbeki loyalist. The e-mails were purported to have been authored by top government officials and senior politicians.
Source: IoL
During its meeting, Cabinet had been briefed on the investigation by the Inspector General of Intelligence Services (IG) Zolile Ngcakani into the authenticity of allegedly intercepted "e-mail communication" among public figures. "The meeting noted the findings of the IG that these 'e-mails' were fabricated mock-ups that were not and could not have been communicated over the world-wide web. Overwhelming evidence, supported by independent expert testimony, points to the fact that the 'e-mails' and chat-room conversations were patently fraudulent," Netshitenzhe said.
Cabinet had agreed all relevant administrative, legal and policy issues deriving from the report should be followed up and, where required, Cabinet would be briefed on progress in this regard. The meeting was also informed that Mbeki had decided to terminate Masetlha's services with effect from Wednesday, March 22. "This decision, Cabinet was informed, derives from the President's determination that the relationship of trust between him and the head of NIA had irreparably broken down."
The IG and Intelligence Services Minister Ronnie Kasrils would brief Parliament's Joint Standing Committee on Intelligence, the management and personnel of the intelligence agencies, and the media on the details of the findings in due course, Netshitenzhe said. Masetlha would be paid out the balance of his contract, the extent of which was not known at this stage. Netshitenzhe would not be drawn on whether criminal charges, if any, would follow. The IG's investigation sought to establish the veracity and source of the e-mails.
Kasrils suspended Masetlha and two other senior officials last year, pending a probe into claims of "serious misconduct" allegedly related to the surveillance of politician-turned-businessman Saki Macozoma. The suspension of Masetlha, his deputy Gibson Njenje and NIA general manager Bob Mhlanga, followed an initial probe by the IG at Kasrils' instruction. This followed a complaint from a member of the public, believed to be Macozoma. The matter has been linked in the media to a succession battle in the African National Congress between Mbeki and former deputy president Jacob Zuma. Macozoma is said to be a Mbeki loyalist. The e-mails were purported to have been authored by top government officials and senior politicians.
Source: IoL
Thursday, November 10, 2005
NIA official held for 'abuse of resources'
A top National Intelligence Agency manager has been arrested in the latest clampdown aimed at cleaning up the spy organisation of those who allegedly abuse state resources for political objectives. He is the fourth top manager in the NIA to fall into the political quagmire that has already resulted in the suspension of its director-general, Billy Masetlha, deputy director-general Gibson Njenje and counter-intelligence chief Bob Mhlanga. This comes after ANC businessman Saki Macozoma was found to have been placed under illegal surveillance.
The Star was reliably informed that Funi Madlala, a manager in the NIA cyber unit, was arrested on Wednesday and appeared secretly in the Pretoria regional court. Because of the sensitivity of his case, which could amount to treason, his bail application hearing was held in camera. He was given bail of R3 000. It is believed that Madlala has either illegally intercepted email communications of top government officials, including in the presidency, or is a source of or had contributed to the fabrication of the hoax emails currently in circulation. Investigations into the veracity of the emails is continuing, but whether they are genuine or fake, intelligence agents will have to account if their interception or fabrication emanated from the NIA.
Intelligence inspector-general Zolile Ngcakani, who is conducting investigations into the origin of the emails and whether intelligence facilities or agents were used, has referred Madlala to the police, after evidence pointed to the fact that he allegedly knew about the emails or their origin. 'The nature of the offence relates to the withholding of information'
It is believed that Ngcakani is probing the entire cyber unit of the NIA and this has included examining computer hard drives of officials, including Madlala's. Sources told The Star Madlala was either working for or had allegedly colluded with Masetlha. Madlala apparently initially refused to co-operate with Ngcakani, withholding information from him after the inspector-general traced the hoax emails to one of his computer drives. His refusal to co-operate is a contravention of the Intelligence Services Act, which carries a five-year prison sentence.
Ngcakani referred his case to the South African Police Service. His office confirmed the incident but refused to give more details. Imtiaz Fazel, chief executive of the inspector-general, said: "A senior member of the National Intelligence Agency was charged and appeared in the Pretoria regional court this morning, the 9th of November 2005. He faces charges of contravening the disclosure provisions of the Intelligence Services Oversight Act (Act 40 of 1994). "These provisions relate to the unreasonable withholding of information (from) the inspector-general of intelligence which is required for the performance of his functions. Bail was not opposed and the member was released with stringent conditions attached to his bail. "The matter was adjourned pending further investigations. The nature of the offence relates to the withholding of information that is required by the inspector-general as part of his extended investigations into the legality of certain intelligence operations carried out by the NIA."
The arrest comes after an investigation by Ngcakani into the Macozoma surveillance, which was later widened to include the hoax emails that implicated several politicians, government officials and business people in an alleged conspiracy against embattled ANC deputy president Jacob Zuma.
Source: IoL
The Star was reliably informed that Funi Madlala, a manager in the NIA cyber unit, was arrested on Wednesday and appeared secretly in the Pretoria regional court. Because of the sensitivity of his case, which could amount to treason, his bail application hearing was held in camera. He was given bail of R3 000. It is believed that Madlala has either illegally intercepted email communications of top government officials, including in the presidency, or is a source of or had contributed to the fabrication of the hoax emails currently in circulation. Investigations into the veracity of the emails is continuing, but whether they are genuine or fake, intelligence agents will have to account if their interception or fabrication emanated from the NIA.
Intelligence inspector-general Zolile Ngcakani, who is conducting investigations into the origin of the emails and whether intelligence facilities or agents were used, has referred Madlala to the police, after evidence pointed to the fact that he allegedly knew about the emails or their origin. 'The nature of the offence relates to the withholding of information'
It is believed that Ngcakani is probing the entire cyber unit of the NIA and this has included examining computer hard drives of officials, including Madlala's. Sources told The Star Madlala was either working for or had allegedly colluded with Masetlha. Madlala apparently initially refused to co-operate with Ngcakani, withholding information from him after the inspector-general traced the hoax emails to one of his computer drives. His refusal to co-operate is a contravention of the Intelligence Services Act, which carries a five-year prison sentence.
Ngcakani referred his case to the South African Police Service. His office confirmed the incident but refused to give more details. Imtiaz Fazel, chief executive of the inspector-general, said: "A senior member of the National Intelligence Agency was charged and appeared in the Pretoria regional court this morning, the 9th of November 2005. He faces charges of contravening the disclosure provisions of the Intelligence Services Oversight Act (Act 40 of 1994). "These provisions relate to the unreasonable withholding of information (from) the inspector-general of intelligence which is required for the performance of his functions. Bail was not opposed and the member was released with stringent conditions attached to his bail. "The matter was adjourned pending further investigations. The nature of the offence relates to the withholding of information that is required by the inspector-general as part of his extended investigations into the legality of certain intelligence operations carried out by the NIA."
The arrest comes after an investigation by Ngcakani into the Macozoma surveillance, which was later widened to include the hoax emails that implicated several politicians, government officials and business people in an alleged conspiracy against embattled ANC deputy president Jacob Zuma.
Source: IoL
Thursday, November 3, 2005
State to tighten information security
The Intelligence Ministry plans to crack down on the theft of confidential state information by tightening up laws and policies relating to information security in government.
Safety and security minister Charles Nqakula acknowledged on Wednesday that a lot of government information was being stolen. "One of the biggest headaches that any government anywhere in the world has is that a lot of information is stolen from the government. We have similar problems," he told reporters during a briefing by the justice, crime prevention and security cabinet cluster.
Nqakula said there were guidelines, called the minimum information security standards, but many departments were failing to adhere to them. "Some of the information is available from our technical equipment, such as computers. There are many people who have been able to hack through those systems and have therefore been able to lay their hands on the information we have."
Governments worldwide reviewed their standards on information security "to ensure they are able to beat all those who want to break through the system they have and to gain illegal access. "That is why they are doing it. There are many examples in South Africa where there has been a breach: it is a matter that necessarily the government needs to deal with on an ongoing basis."
Nqakula denied that the review was prompted by the latest saga to hit the Intelligence Ministry, including whether there were breaches of government's firewalls in relation to what intelligence minister Ronnie Kasrils has called "hoax emails". The origin of the emails - and whether they are in fact bogus - are the subjects of an investigation by Inspector-General Zolile Ngcakani as part of his probe into the country's three top spy bosses, who have been accused of illegal surveillance.
Source: IoL
Safety and security minister Charles Nqakula acknowledged on Wednesday that a lot of government information was being stolen. "One of the biggest headaches that any government anywhere in the world has is that a lot of information is stolen from the government. We have similar problems," he told reporters during a briefing by the justice, crime prevention and security cabinet cluster.
Nqakula said there were guidelines, called the minimum information security standards, but many departments were failing to adhere to them. "Some of the information is available from our technical equipment, such as computers. There are many people who have been able to hack through those systems and have therefore been able to lay their hands on the information we have."
Governments worldwide reviewed their standards on information security "to ensure they are able to beat all those who want to break through the system they have and to gain illegal access. "That is why they are doing it. There are many examples in South Africa where there has been a breach: it is a matter that necessarily the government needs to deal with on an ongoing basis."
Nqakula denied that the review was prompted by the latest saga to hit the Intelligence Ministry, including whether there were breaches of government's firewalls in relation to what intelligence minister Ronnie Kasrils has called "hoax emails". The origin of the emails - and whether they are in fact bogus - are the subjects of an investigation by Inspector-General Zolile Ngcakani as part of his probe into the country's three top spy bosses, who have been accused of illegal surveillance.
Source: IoL
Sunday, October 23, 2005
The man who watches over SA's spies
The all-powerful inspector-general of intelligence, Zolile Ngcakani, bared his teeth this week. In a week when South Africa was rocked by allegations that senior intelligence officers had abused their official positions, Ngcakani came to the fore, acting decisively in an exercise designed to calm fears among citizens of this country.
In his first high-profile case, Ngcakani's work has led to the removal from office of three high-ranking intelligence officials: Billy Masetlha, Gibson Njenje and Bob Mhlanga. It took Ngcakani just under three weeks to investigate and present reports to Ronnie Kasrils, the intelligence minister, which showed that the National Intelligence Agency had undertaken illegal surveillance of Saki Macozoma, businessman and politician.
Ngcakani, who was appointed in January last year, could not have wished for a more high-profile case to highlight the work of his office. South Africa had been without an inspector-general for two years after the resignation of Faizel Kader. Kasrils uses superlatives when he speaks of Ngcakani. In introducing him to the media on Friday, the minister emphasised the power that the office of the inspector-general wields. "His role is to supervise the work of the intelligence community in toto, from the NIA, the South African Secret Service and the National Intelligence Co-ordinating Committee to crime and military intelligence. He ... can investigate any [cabinet] minister. He reports to parliament through the joint standing committee on intelligence," Kasrils said.
On the Macozoma probe, Ngcakani said his terms of reference were to investigate whether such an operation had taken place and whether it was authorised and done within the rules and regulations of the NIA. "Our findings were that the operation did take place in the manner Macozoma described. It was authorised by the deputy director-general [Njenje] and not disclosed to Kasrils. We found the operation was unlawful and illegal. Its legitimacy was not supported by intelligence information they had," Ngcakani said.
Kasrils was clearly angry that he had not been informed by Masetlha of the decision to put Macozoma under surveillance. He said the first time he knew about the matter was when Macozoma complained and subsequently submitted a lawyer's letter to back up his claim.
Ngcakani, 68, is no newcomer to intelligence. Between 1996 and 2001 he was head of ministerial services in the intelligence ministry. He provided management and administrative services in support of the ministry's role of control, supervision and superintendence of the intelligence services. During that period he led several commissions and task teams, such as one to review conditions of service for the intelligence community. Before that, he played a leading role in the establishment of a national communications centre, which provides secure communication services to government as well as an interception office.
Ngcakani is a highly qualified engineer. He has a master's degree in engineering science from the University of Western Ontario in Canada, as well as a master of science degree from the University of Nairobi in Kenya. He is also a water expert, having designed industrial waste water treatment facilities, and has provided advisory services on water quality and water pollution. Ngcakani's political career started at the University of Fort Hare in the late 1950s. He joined Umkhonto weSizwe, the armed wing of the ANC, and was subsequently based in Zambia and East Africa. He is married to Pulane and has five children - three girls and two boys.
Source: IoL
In his first high-profile case, Ngcakani's work has led to the removal from office of three high-ranking intelligence officials: Billy Masetlha, Gibson Njenje and Bob Mhlanga. It took Ngcakani just under three weeks to investigate and present reports to Ronnie Kasrils, the intelligence minister, which showed that the National Intelligence Agency had undertaken illegal surveillance of Saki Macozoma, businessman and politician.
Ngcakani, who was appointed in January last year, could not have wished for a more high-profile case to highlight the work of his office. South Africa had been without an inspector-general for two years after the resignation of Faizel Kader. Kasrils uses superlatives when he speaks of Ngcakani. In introducing him to the media on Friday, the minister emphasised the power that the office of the inspector-general wields. "His role is to supervise the work of the intelligence community in toto, from the NIA, the South African Secret Service and the National Intelligence Co-ordinating Committee to crime and military intelligence. He ... can investigate any [cabinet] minister. He reports to parliament through the joint standing committee on intelligence," Kasrils said.
On the Macozoma probe, Ngcakani said his terms of reference were to investigate whether such an operation had taken place and whether it was authorised and done within the rules and regulations of the NIA. "Our findings were that the operation did take place in the manner Macozoma described. It was authorised by the deputy director-general [Njenje] and not disclosed to Kasrils. We found the operation was unlawful and illegal. Its legitimacy was not supported by intelligence information they had," Ngcakani said.
Kasrils was clearly angry that he had not been informed by Masetlha of the decision to put Macozoma under surveillance. He said the first time he knew about the matter was when Macozoma complained and subsequently submitted a lawyer's letter to back up his claim.
Ngcakani, 68, is no newcomer to intelligence. Between 1996 and 2001 he was head of ministerial services in the intelligence ministry. He provided management and administrative services in support of the ministry's role of control, supervision and superintendence of the intelligence services. During that period he led several commissions and task teams, such as one to review conditions of service for the intelligence community. Before that, he played a leading role in the establishment of a national communications centre, which provides secure communication services to government as well as an interception office.
Ngcakani is a highly qualified engineer. He has a master's degree in engineering science from the University of Western Ontario in Canada, as well as a master of science degree from the University of Nairobi in Kenya. He is also a water expert, having designed industrial waste water treatment facilities, and has provided advisory services on water quality and water pollution. Ngcakani's political career started at the University of Fort Hare in the late 1950s. He joined Umkhonto weSizwe, the armed wing of the ANC, and was subsequently based in Zambia and East Africa. He is married to Pulane and has five children - three girls and two boys.
Source: IoL
Tuesday, October 11, 2005
Scorpions and NIA dispute heats up
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
'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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