Some of the most upsetting evidence heard by a South African court after the advent of democracy was delivered last week in the North West, largely unnoticed by the mainstream media. The testimony that ANC councillor Alfred Motsi gave under oath in the Mahikeng High Court should send shivers down the spines of all peace-loving South Africans. Motsi testified against former Rustenburg mayor Matthews Wolmarans and his bodyguard, Enoch Matshaba, who are accused of gunning down former councillor and trade unionist Moss Phakoe in his driveway after returning home from an ANC meeting in Rustenburg in March 2009.
Motsi’s evidence is yet to be challenged. The most chilling part of the case against Phakoe’s alleged killers is not the murder, but the events preceding his untimely death. Motsi’s version provided fascinating, yet frightening, insights into how the ANC under President Jacob Zuma is “dealing” with corruption.
In a nutshell, Phakoe stumbled upon evidence implicating Wolmarans – then the mayor of Rustenburg – in corruption. Motsi testified he and Phakoe compiled a dossier of the alleged corruption. As loyal cadres, they decided to first present their evidence to the ANC before going to the police. But nothing came of meetings with the ANC’s regional or North West leadership, or of a meeting with ANC heavyweights Billy Masetlha and Siphiwe Nyanda. They delivered their evidence to the offices of ANC secretary-general Gwede Mantashe and then president Kgalema Motlanthe, all to no avail, testified Motsi.
After five failed attempts to get the attention of the ANC, Phakoe and Motsi delivered documentation to Zuma’s Forest Town house. Zuma responded by inviting them to Nkandla over the 2008 Christmas period. At the time, Zuma himself was accused of corruption and debates about a “political solution” to make his legal problem evaporate were abound. After travelling the length and breadth of the country to get to Zuma’s homestead, the politicians spent “almost a whole night” with Zuma and presented their evidence to him.
A month later, Phakoe, Motsi and other ANC councillors met Zuma, Motlanthe, Mantashe and other ANC top brass in Potchefstroom. They again presented their dossier of corruption claims against Wolmarans and were told that then cooperative governance and traditional affairs minister Sicelo Shiceka would call a meeting “to solve the problem”. On the seventh attempt to have the issue addressed, Phakoe addressed a meeting chaired by Shiceka in March 2009, where he again presented his dossier. Curiously, Wolmarans, who Phakoe had implicated in serious corruption, was present. Before Phakoe addressed the meeting, Motsi testified, he looked Wolmarans in the eye and said: “Hate me, but don’t hurt me.”
Two days later, Phakoe was shot dead in a hit allegedly masterminded by Wolmarans and his bodyguard. If ever the ANC and Zuma needed a reason corruption should be dealt with by the criminal justice system – and not through some comradely political solution behind close doors – the dead body of Moss Phakoe is that reason. Here was a whistle-blower who put his life – literally – on the line to give effect to Zuma’s plea in his 2009 state of the nation address for citizens to “report crime and assist the police with information to catch wrongdoers”. Unfortunately, Moss Phakoe learned the hard way that Zuma maybe didn’t refer to corruption when he spoke of “crime” in his speech – especially when senior comrades are involved.
Taking into account the Phakoe case, Zuma’s own aborted corruption prosecution and recent turmoil in the criminal justice sector, the hard question that must be asked is whether the ANC is consciously undermining the rule of law in favour of “political solutions” for politically connected individuals.
Since Zuma’s election as ANC leader in 2007, corruption-fighting institutions have been weakened substantially. The Scorpions were closed down, which led to an outflow of skilled forensic investigators and analysts to the private sector.
The Hawks, which replaced the Scorpions, were in effect an amalgamation of the police’s serious and violent crimes unit and commercial branch.
The unit’s corruption successes, albeit laudable, are mostly limited to lower-level officials, cheque fraud or small-town crooks. Bigger cases, like the fraud trial against Czech mafioso Radovan Krejcir, seem to be falling apart.
At the same time, Public Protector Thuli Madonsela has become the face of corruption busting in the country, although she does not have the powers to prosecute.
Those fingered by her investigations are rapped over the knuckles, but seldom face the consequences of their deeds in court.
The corruption and money laundering investigation into expelled ANC Youth League leader Julius Malema will be an important test for the state’s will and ability to prosecute the connected and powerful.
Malema will have taken tips from Zuma’s manoeuvring to escape prosecution. We can be sure that he and his supporters will push for a “political solution” to make possible charges go away.
But this is not justice – as Moss Phakoe learned in such a brutal and undignified way.
Source: City Press
Showing posts with label Billy Masetlha. Show all posts
Showing posts with label Billy Masetlha. Show all posts
Sunday, March 11, 2012
Sunday, October 24, 2010
Exposed: police rot
The country’s most trusted spy outfit – the SAPS’s crime intelligence – is teetering on the brink of collapse owing to rampant mismanagement, fraud, corruption, nepotism and a lack of leadership.
A number of concerned operatives have written several dossiers raising concerns about how the mismanagement of crime intelligence is a security risk for the nation – given the historic problems that affected the perpetually ineffective National Intelligence Agency. In one of the confidential dossiers, they claim that “a dynasty like the one alleged in the British Intelligence Service is created… (and) it looks after itself and family interests through state resources. Meetings are scheduled in comfortable hideouts at state costs, only to find that it was family or friends’ outing”.
In a document, dated October 27, 2009, one PZ Magadla of counter- intelligence in KwaZulu-Natal reports that another dossier on “diverse issues of corruption and other ills” was being prepared. One senior leader based in Gauteng is accused of taking his girlfriend on an official trip to Singapore. A handful of crime intelligence operatives told The Sunday Independent that a report two weeks ago in this paper on jobs and promotions for General Bheki Cele’s pals was the tip of the iceberg since the organisation was badly infested.
They said it was disturbing that even those in charge of covert operations were caught in a web of criminality. This raised the serious question of who, in fact, was watching over the republic?
The NIA is battling to recover from divisions and paralysis that came with former director-general Billy Masetlha’s messy axing and the hoax e-mail saga. Some in crime intelligence have pointed an accusing finger at crime intelligence boss Richard Mdluli, accusing him of acting outside of the law and allowing an environment of maladministration and mismanagement to fester under his stewardship. They allege Mdluli has his eyes removed from:
*Abuse of covert premises, where girlfriends are housed
* Abuse of a slush fund, with “loans” to operatives favoured by the leadership
* Some people who registered their children as crime intelligence sources in order to get income.
The situation appears worse in KZN with more than five top officials employing their sons, sisters, girlfriends, nieces and wives. More than 30 officials in KZN crime intelligence are related to each other. Deputy national commissioner of police Ray Lalla and KZN head of crime intelligence Dina Moodley are fingered in a confidential nepotism report written after a mass crime intelligence meeting held at Amanzimtoti Civic Centre on KZN’s South Coast in October 2009. Lalla’s daughter was, at the time the report was written, working for crime intelligence.
The report points out that nepotism poses a security risk due to the sensitive nature of the crime intelligence environment and the level of objectivity that is expected. “The employment as well as the unfair promotion of relatives in that environment is a serious threat to security. Some of these people are employed and placed in covert premises. Those who are aware of such practices can blackmail those who perpetrate this practice and threaten them to the extent of forcing them to divulge classified state information,” it reads.
Several laid the blame on Mdluli’s leadership and the protection he appeared to receive from Cele. “It is a Zulu dynasty – I dare Cele to act against Mdluli. We have a Zulu-Nostra now. Cele knows what the problems with Mdluli are. Should the organisation collapse before he does something?” asked a source. The specific allegations against Mdluli are that:
* He appointed under-qualified people to lead experienced spooks because he did not trust them. They use the example of a human resources development officer who was appointed head of crime intelligence without a knowledge of the environment.
*He allegedly protects Major General Solly Lazarus, in charge of the spooks slush fund, from the vetting staff who want to subject him to a vetting process.
*He and Lazarus created 250 new posts without consulting HR – and advertised the posts without mentioning them as SAPS posts and thus denying many opportunities of promotions.
* He recommended to Cele the promotion of Constable Nkosana Sebastian Ximba, who jumped seven ranks to become a colonel. This was in spite of the fact that Ximba was facing a case of assault with grievous bodily harm which was opened at Johannesburg Central. He is perceived as a close acquaintance of Mdluli.
* Like ministers, Mdluli drives two official cars – a Q7 and a Mercedes – and has assigned to himself a driver and a bodyguard even though there is no such policy provision for his post.
Those who spoke to The Sunday Independent wanted to know what Cele was doing about the mess. The SAPS’ spokesperson, Nonkululeko Mbatha said the police management wished not to comment about the allegations. However she said they were aware of them. Mdluli couldn’t be reached on his cellphone yesterday and also did not return text messages sent to him.
Two other sources at senior level said that Cele was “extremely concerned” about the leadership paralysis in crime intelligence and was allegedly working behind the scenes to restore order. Other officials fingered are the retired KwaZulu-Natal police commissioner Hamilton Ngidi, KZN commander of crime intelligence operations Director SO Ndlovu, BB Mncwango cluster commander of Ulundi, Captain SE Madikane Donnybrook cluster commander, Colonel GJ Ncube commander of the Operational Intelligence Analysis Centre and others.
Moodley allegedly brought in his brother who was working for the Department of Correctional Services and gave him a captain’s rank. Moodley’s brother was placed on undercover gathering and resigned after just over a year. Ngidi is alleged to have brought in his stepdaughter (a daughter out of wedlock by his wife) as a clerk. She was soon promoted to captain. She then became a lieutenant colonel at crime intelligence after a couple of years.
Ndlovu, according to the report, employed his girlfriend to the rank of lieutenant colonel at the security intelligence division five months after she had joined crime intelligence as a detective.
Mncwango employed his son, Madikane employed his sister who is, according to the report, stationed at Umlazi crime intelligence while Ncube employed his sister’s daughter.
Source: IoL
A number of concerned operatives have written several dossiers raising concerns about how the mismanagement of crime intelligence is a security risk for the nation – given the historic problems that affected the perpetually ineffective National Intelligence Agency. In one of the confidential dossiers, they claim that “a dynasty like the one alleged in the British Intelligence Service is created… (and) it looks after itself and family interests through state resources. Meetings are scheduled in comfortable hideouts at state costs, only to find that it was family or friends’ outing”.
In a document, dated October 27, 2009, one PZ Magadla of counter- intelligence in KwaZulu-Natal reports that another dossier on “diverse issues of corruption and other ills” was being prepared. One senior leader based in Gauteng is accused of taking his girlfriend on an official trip to Singapore. A handful of crime intelligence operatives told The Sunday Independent that a report two weeks ago in this paper on jobs and promotions for General Bheki Cele’s pals was the tip of the iceberg since the organisation was badly infested.
They said it was disturbing that even those in charge of covert operations were caught in a web of criminality. This raised the serious question of who, in fact, was watching over the republic?
The NIA is battling to recover from divisions and paralysis that came with former director-general Billy Masetlha’s messy axing and the hoax e-mail saga. Some in crime intelligence have pointed an accusing finger at crime intelligence boss Richard Mdluli, accusing him of acting outside of the law and allowing an environment of maladministration and mismanagement to fester under his stewardship. They allege Mdluli has his eyes removed from:
*Abuse of covert premises, where girlfriends are housed
* Abuse of a slush fund, with “loans” to operatives favoured by the leadership
* Some people who registered their children as crime intelligence sources in order to get income.
The situation appears worse in KZN with more than five top officials employing their sons, sisters, girlfriends, nieces and wives. More than 30 officials in KZN crime intelligence are related to each other. Deputy national commissioner of police Ray Lalla and KZN head of crime intelligence Dina Moodley are fingered in a confidential nepotism report written after a mass crime intelligence meeting held at Amanzimtoti Civic Centre on KZN’s South Coast in October 2009. Lalla’s daughter was, at the time the report was written, working for crime intelligence.
The report points out that nepotism poses a security risk due to the sensitive nature of the crime intelligence environment and the level of objectivity that is expected. “The employment as well as the unfair promotion of relatives in that environment is a serious threat to security. Some of these people are employed and placed in covert premises. Those who are aware of such practices can blackmail those who perpetrate this practice and threaten them to the extent of forcing them to divulge classified state information,” it reads.
Several laid the blame on Mdluli’s leadership and the protection he appeared to receive from Cele. “It is a Zulu dynasty – I dare Cele to act against Mdluli. We have a Zulu-Nostra now. Cele knows what the problems with Mdluli are. Should the organisation collapse before he does something?” asked a source. The specific allegations against Mdluli are that:
* He appointed under-qualified people to lead experienced spooks because he did not trust them. They use the example of a human resources development officer who was appointed head of crime intelligence without a knowledge of the environment.
*He allegedly protects Major General Solly Lazarus, in charge of the spooks slush fund, from the vetting staff who want to subject him to a vetting process.
*He and Lazarus created 250 new posts without consulting HR – and advertised the posts without mentioning them as SAPS posts and thus denying many opportunities of promotions.
* He recommended to Cele the promotion of Constable Nkosana Sebastian Ximba, who jumped seven ranks to become a colonel. This was in spite of the fact that Ximba was facing a case of assault with grievous bodily harm which was opened at Johannesburg Central. He is perceived as a close acquaintance of Mdluli.
* Like ministers, Mdluli drives two official cars – a Q7 and a Mercedes – and has assigned to himself a driver and a bodyguard even though there is no such policy provision for his post.
Those who spoke to The Sunday Independent wanted to know what Cele was doing about the mess. The SAPS’ spokesperson, Nonkululeko Mbatha said the police management wished not to comment about the allegations. However she said they were aware of them. Mdluli couldn’t be reached on his cellphone yesterday and also did not return text messages sent to him.
Two other sources at senior level said that Cele was “extremely concerned” about the leadership paralysis in crime intelligence and was allegedly working behind the scenes to restore order. Other officials fingered are the retired KwaZulu-Natal police commissioner Hamilton Ngidi, KZN commander of crime intelligence operations Director SO Ndlovu, BB Mncwango cluster commander of Ulundi, Captain SE Madikane Donnybrook cluster commander, Colonel GJ Ncube commander of the Operational Intelligence Analysis Centre and others.
Moodley allegedly brought in his brother who was working for the Department of Correctional Services and gave him a captain’s rank. Moodley’s brother was placed on undercover gathering and resigned after just over a year. Ngidi is alleged to have brought in his stepdaughter (a daughter out of wedlock by his wife) as a clerk. She was soon promoted to captain. She then became a lieutenant colonel at crime intelligence after a couple of years.
Ndlovu, according to the report, employed his girlfriend to the rank of lieutenant colonel at the security intelligence division five months after she had joined crime intelligence as a detective.
Mncwango employed his son, Madikane employed his sister who is, according to the report, stationed at Umlazi crime intelligence while Ncube employed his sister’s daughter.
Source: IoL
Friday, September 3, 2010
'Coalition of the wounded' turns on Zuma
A new "coalition of the wounded" has emerged in the ANC ahead of the party's national general council, with many of President Jacob Zuma's once most ardent backers now joining forces to stop his serving a second term. It took slightly more than two years for Zuma to alienate some of his staunchest supporters, including the ANC Youth League. Now his future lies in the hands of the left -- Cosatu and the South African Communist Party -- at a time when alliance relations are at a nadir.
According to several ANC sources linked to the Youth League, the SACP, Cosatu and the government, many party leaders have their eye on higher office or want to punish Zuma for not rewarding them sufficiently for their support in the run-up to the ANC's 2007 Polokwane conference. They are said to include Siphiwe Nyanda, the communications minister, Fikile Mbalula, the deputy police minister, and Julius Malema, the league's president.
Lobbyists wanting Zuma to retain his position at the ANC's next conference in 2012 claim Nyanda aspires to become the party's treasurer general, although this week Nyanda denied this, saying he has "no such intentions". "I can't choose for myself what I want to be. I went to Polokwane as an ordinary branch member of the ANC and was elected to the national executive committee. The ANC decides, I don't have a say," he said.
ANC sources said that Nyanda was also resentful that he had not landed the defence portfolio, which went to Lindiwe Sisulu. Some Zuma supporters are suspicious of former intelligence chief Billy Masetlha, saying he hankers after higher office -- something he denies. Zuma lobbyists say that Masetlha, who was not given a Cabinet position, wants to be in the ANC's "top six", a platform from which, he believes, he can counter detractors effectively. He denied this, saying he had previously been approached to be a minister, but had declined. He said he had no ambition to have a higher office in the ANC. "What is the fun in being in the top six?" he asked. But he did take a dig at his fellow national executive committee members, who needed to "pull up their socks". "Sixty percent of the people in the NEC are doing other things, like this lobbying and pushing their own agendas. They are not doing their jobs." He said his criticisms would make him "even more unpopular than I already am, but I've had enough".
A second group of leaders, calling themselves the "new frontier", is a subgroup of the broad front that questions Zuma's leadership. They are talking to one another and their constituencies about what they see as the erosion of traditional ANC values. Key new frontier members are Deputy President Kgalema Motlanthe, Human Settlements Minister Tokyo Sexwale, Zwelinzima Vavi, Cosatu's general secretary, and Sisulu.
An ANC insider close to them said that they were discussing a return to such values as a rejection of corruption and a clear division between party and state. "The new frontier is where the action is," said the source. "New alliances are coalesced around the future of the ANC and of government and these leaders are having a conversation about what is to be done."
A government official with strong ANC links said that the realignment taking place did not bode well for the national general council, which kicks off on September 20. An ANC-aligned government official said: "Anyone who thinks the NGC can be managed must think again. There is an organic unhappiness that will come out there. Each sector [including the youth and women's leagues] is going to the NGC with a position and that will cause huge debate. There is less talk about tickets and more about where the ANC is going." Although Sisulu has kept a low political profile of late, insiders say that she has been thrown into the mix because of a need to ensure gender representation. She is seen as the most senior women leader in the ANC after national chairperson Baleka Mbete. Mbete, who is currently active in business, is said to have lost interest in furthering her career in the ANC.
Also prominent in the coalition is Malema, who was once quoted as saying he was prepared to "kill for Zuma". As recently as January this year, the league was the only major ANC formation to defend the president. But in April Zuma publicly rebuked him for acting in ways "alien to the ANC" after Malema had defied the ANC NEC by singing the song Shoot the Boer and calling the opposition Movement for Democratic Change in Zimbabwe a "Mickey Mouse party". He was later dragged into a humiliating disciplinary process, which forced him to make a public admission of guilt and apologise to Zuma. Malema has joined forces with Fikile Mbalula, a former youth league chief who expected more than a "mere" deputy minister position in return for his efforts in ensuring a Zuma victory at Polokwane, youth league sources say. To show their disdain for his "low-ranking position", Mbalula's supporters are urging Zuma to relieve him of his executive duties and return him to Luthuli House.
Even former Mbeki supporters, previously in the political wilderness, have been roped in to boost the numbers in both the Zuma and anti-Zuma camps. One such a figure, who is being lobbied to support ANC secretary general Gwede Mantashe, said Mbeki's former supporters fear a takeover by the Youth League and their circle. "[We are more frightened of] an ANC Youth League takeover, which will destroy the organisation. The Youth League's supporters have no intention of rebuilding or uniting the party -- they just want to use positions to accumulate wealth."
Former ANC leaders in the Western Cape say they are being lobbied to support either of the two camps and are being promised plum government jobs. According to sources, Vavi is being lobbied to take over the position of Blade Nzimande, South African Communist Party boss, giving him a better chance to secure a senior ANC position.
The SACP is holding its elective conference in July 2012, six months before the ANC national conference in Mangaung. Zuma can still rely on Cosatu's support, but in return the federation will expect him to strengthen alliance relations. Masetlha is confident that there is no threat to Zuma, despite the Youth League's withdrawal of support and the opposition of other leaders. "There is no threat to JZ. The ANC cannot be run by children and opportunists. We know where to get them and how to get them, so watch this space," he said.
Cosatu's rank and file still support Zuma, despite the government's response to the two-week public service strike. "The president is still relevant. Our hope is not gone. But his strength comes from the strength of the alliance," said Zet Luzipho, Cosatu's secretary in KwaZulu-Natal.
Source: Mail & Guardian
According to several ANC sources linked to the Youth League, the SACP, Cosatu and the government, many party leaders have their eye on higher office or want to punish Zuma for not rewarding them sufficiently for their support in the run-up to the ANC's 2007 Polokwane conference. They are said to include Siphiwe Nyanda, the communications minister, Fikile Mbalula, the deputy police minister, and Julius Malema, the league's president.
Lobbyists wanting Zuma to retain his position at the ANC's next conference in 2012 claim Nyanda aspires to become the party's treasurer general, although this week Nyanda denied this, saying he has "no such intentions". "I can't choose for myself what I want to be. I went to Polokwane as an ordinary branch member of the ANC and was elected to the national executive committee. The ANC decides, I don't have a say," he said.
ANC sources said that Nyanda was also resentful that he had not landed the defence portfolio, which went to Lindiwe Sisulu. Some Zuma supporters are suspicious of former intelligence chief Billy Masetlha, saying he hankers after higher office -- something he denies. Zuma lobbyists say that Masetlha, who was not given a Cabinet position, wants to be in the ANC's "top six", a platform from which, he believes, he can counter detractors effectively. He denied this, saying he had previously been approached to be a minister, but had declined. He said he had no ambition to have a higher office in the ANC. "What is the fun in being in the top six?" he asked. But he did take a dig at his fellow national executive committee members, who needed to "pull up their socks". "Sixty percent of the people in the NEC are doing other things, like this lobbying and pushing their own agendas. They are not doing their jobs." He said his criticisms would make him "even more unpopular than I already am, but I've had enough".
A second group of leaders, calling themselves the "new frontier", is a subgroup of the broad front that questions Zuma's leadership. They are talking to one another and their constituencies about what they see as the erosion of traditional ANC values. Key new frontier members are Deputy President Kgalema Motlanthe, Human Settlements Minister Tokyo Sexwale, Zwelinzima Vavi, Cosatu's general secretary, and Sisulu.
An ANC insider close to them said that they were discussing a return to such values as a rejection of corruption and a clear division between party and state. "The new frontier is where the action is," said the source. "New alliances are coalesced around the future of the ANC and of government and these leaders are having a conversation about what is to be done."
A government official with strong ANC links said that the realignment taking place did not bode well for the national general council, which kicks off on September 20. An ANC-aligned government official said: "Anyone who thinks the NGC can be managed must think again. There is an organic unhappiness that will come out there. Each sector [including the youth and women's leagues] is going to the NGC with a position and that will cause huge debate. There is less talk about tickets and more about where the ANC is going." Although Sisulu has kept a low political profile of late, insiders say that she has been thrown into the mix because of a need to ensure gender representation. She is seen as the most senior women leader in the ANC after national chairperson Baleka Mbete. Mbete, who is currently active in business, is said to have lost interest in furthering her career in the ANC.
Also prominent in the coalition is Malema, who was once quoted as saying he was prepared to "kill for Zuma". As recently as January this year, the league was the only major ANC formation to defend the president. But in April Zuma publicly rebuked him for acting in ways "alien to the ANC" after Malema had defied the ANC NEC by singing the song Shoot the Boer and calling the opposition Movement for Democratic Change in Zimbabwe a "Mickey Mouse party". He was later dragged into a humiliating disciplinary process, which forced him to make a public admission of guilt and apologise to Zuma. Malema has joined forces with Fikile Mbalula, a former youth league chief who expected more than a "mere" deputy minister position in return for his efforts in ensuring a Zuma victory at Polokwane, youth league sources say. To show their disdain for his "low-ranking position", Mbalula's supporters are urging Zuma to relieve him of his executive duties and return him to Luthuli House.
Even former Mbeki supporters, previously in the political wilderness, have been roped in to boost the numbers in both the Zuma and anti-Zuma camps. One such a figure, who is being lobbied to support ANC secretary general Gwede Mantashe, said Mbeki's former supporters fear a takeover by the Youth League and their circle. "[We are more frightened of] an ANC Youth League takeover, which will destroy the organisation. The Youth League's supporters have no intention of rebuilding or uniting the party -- they just want to use positions to accumulate wealth."
Former ANC leaders in the Western Cape say they are being lobbied to support either of the two camps and are being promised plum government jobs. According to sources, Vavi is being lobbied to take over the position of Blade Nzimande, South African Communist Party boss, giving him a better chance to secure a senior ANC position.
The SACP is holding its elective conference in July 2012, six months before the ANC national conference in Mangaung. Zuma can still rely on Cosatu's support, but in return the federation will expect him to strengthen alliance relations. Masetlha is confident that there is no threat to Zuma, despite the Youth League's withdrawal of support and the opposition of other leaders. "There is no threat to JZ. The ANC cannot be run by children and opportunists. We know where to get them and how to get them, so watch this space," he said.
Cosatu's rank and file still support Zuma, despite the government's response to the two-week public service strike. "The president is still relevant. Our hope is not gone. But his strength comes from the strength of the alliance," said Zet Luzipho, Cosatu's secretary in KwaZulu-Natal.
Source: Mail & Guardian
Friday, May 22, 2009
Billy Masetlha: Vindicated and loyal as ever
When Billy Masetlha presented then president Thabo Mbeki with intelligence about an anti-Zuma plot -- allegedly involving key Mbeki allies -- his life swiftly came apart. Within 24 hours he was suspended. Within months he was sacked and facing a crippling series of court cases, including two criminal charges relating to his conduct as NIA boss.
He saw off the charges and won compensation in the Constitutional Court for his dismissal. The revelation of the “Zuma tapes” appears to have completed his vindication.
You must be pleased about the information that has come out?
I am elated by the fact that it has come to pass that the actual plots [against Zuma] were there. There never was a conspiracy by a Billy Masetlha-held intelligence agency to protect Zuma. Instead there was a plot to destroy Zuma and as a result render the ANC ineffective and destroy its legacy.
I went not to the ANC but to the president and said: “This is happening, you must stop this thing.” If that report to him is ever declassified it will show that I identified the plot, the people behind it, their modus operandi and their plan, which sadly circulated around Zuma. I did that to protect the state, the ruling party and the stability of this country.
Why haven’t you made that information public? Would you have leaked the McCarthy intercepts?
I have taken an oath of office. I took that information to the president and no one else. I will keep my oath of honour until my grave. We asked the courts to get the president to disclose the report, as part of my defence, but he refused.
As to the intercepts, if there is evidence about which you cannot stay silent, that threatens our democracy, then there are other avenues. The speaker of the National Assembly has certain constitutional powers, the chief justice as well.
At the same time, in the past seven years we have experienced certain legal decisions -- to quash certain cases, to charge certain people. One perhaps cannot blame anyone for deciding: “I don’t have much confidence in the courts, let’s pass this on to a lawyer.”
You believe the legal process was used against you?
It was my duty to let the president know. I served him with loyalty and integrity, yet they had nothing but insults for me. I decided I wasn’t going to lie down and take it, but if it were not for the generosity of my lawyers -- and donations to my legal costs -- I would have been dismissed in disgrace.
Doesn’t this whole experience show the security services are open to abuse -- that the NIA, for instance, has too wide a mandate?
I don’t believe the NIA has too broad a mandate. The state has a right and a duty to protect its sovereignty and security against internal and external threats. All states do this. Some in South Africa seem to think we don’t face any threats and that we shouldn’t do certain intelligence gathering.
But if the Chinese are putting $165-million into the Industrial Development Corporation, who will look to see if there are hidden strings attached? Intelligence. If Telkom and Vodacom are national assets and they are being disposed of to foreign interests, who must look at the threats, advantages and disadvantages of hiving off such assets? I think there are sufficient checks and balances within the legislation governing the NIA, but the issue is to implement and enforce that accountability. For me that’s the fundamental challenge we face -- enforcement capacity. That goes for the police, for service delivery, for corruption.
You need to make sure people stick to the rules, and some of that enforcement is going to “encroach” on our other rights. Take the [Jackie] Selebi case -- how is it possible for the police to be still resisting cooperation with the prosecuting authorities?
But isn’t there a need to improve oversight -- to protect the intelligence agencies themselves from abuse?
FW de Klerk once said to me there should be room for opposition parties to be involved in the process of setting the annual national intelligence estimates that set out our threat assessments and priorities. I agree with him. People need to be aware of the threats and that knowledge must inform the conduct of all our elected representatives.
And we must ask: shouldn’t we have these estimates made public -- in edited form -- so that people know there are sleepers for al-Qaeda in our country, there are undeclared foreign intelligence agents -- so we create a sense of national interest, of national belonging?
What about your role?
What the ANC has gone through is unprecedented. It happened because we took our eye from the main thing, which is making the ANC a strong institution for creating a better life for our people. It must not be allowed to fall from our hands as a people until there is a genuine alternative that can deliver on those needs. We found the ANC strong, we must leave it strong -- and strong in the morals, values, traditions and ideals on which the ANC was founded. I want to spend what remains of my life doing that.
Source: Mail & Guardian
He saw off the charges and won compensation in the Constitutional Court for his dismissal. The revelation of the “Zuma tapes” appears to have completed his vindication.
You must be pleased about the information that has come out?
I am elated by the fact that it has come to pass that the actual plots [against Zuma] were there. There never was a conspiracy by a Billy Masetlha-held intelligence agency to protect Zuma. Instead there was a plot to destroy Zuma and as a result render the ANC ineffective and destroy its legacy.
I went not to the ANC but to the president and said: “This is happening, you must stop this thing.” If that report to him is ever declassified it will show that I identified the plot, the people behind it, their modus operandi and their plan, which sadly circulated around Zuma. I did that to protect the state, the ruling party and the stability of this country.
Why haven’t you made that information public? Would you have leaked the McCarthy intercepts?
I have taken an oath of office. I took that information to the president and no one else. I will keep my oath of honour until my grave. We asked the courts to get the president to disclose the report, as part of my defence, but he refused.
As to the intercepts, if there is evidence about which you cannot stay silent, that threatens our democracy, then there are other avenues. The speaker of the National Assembly has certain constitutional powers, the chief justice as well.
At the same time, in the past seven years we have experienced certain legal decisions -- to quash certain cases, to charge certain people. One perhaps cannot blame anyone for deciding: “I don’t have much confidence in the courts, let’s pass this on to a lawyer.”
You believe the legal process was used against you?
It was my duty to let the president know. I served him with loyalty and integrity, yet they had nothing but insults for me. I decided I wasn’t going to lie down and take it, but if it were not for the generosity of my lawyers -- and donations to my legal costs -- I would have been dismissed in disgrace.
Doesn’t this whole experience show the security services are open to abuse -- that the NIA, for instance, has too wide a mandate?
I don’t believe the NIA has too broad a mandate. The state has a right and a duty to protect its sovereignty and security against internal and external threats. All states do this. Some in South Africa seem to think we don’t face any threats and that we shouldn’t do certain intelligence gathering.
But if the Chinese are putting $165-million into the Industrial Development Corporation, who will look to see if there are hidden strings attached? Intelligence. If Telkom and Vodacom are national assets and they are being disposed of to foreign interests, who must look at the threats, advantages and disadvantages of hiving off such assets? I think there are sufficient checks and balances within the legislation governing the NIA, but the issue is to implement and enforce that accountability. For me that’s the fundamental challenge we face -- enforcement capacity. That goes for the police, for service delivery, for corruption.
You need to make sure people stick to the rules, and some of that enforcement is going to “encroach” on our other rights. Take the [Jackie] Selebi case -- how is it possible for the police to be still resisting cooperation with the prosecuting authorities?
But isn’t there a need to improve oversight -- to protect the intelligence agencies themselves from abuse?
FW de Klerk once said to me there should be room for opposition parties to be involved in the process of setting the annual national intelligence estimates that set out our threat assessments and priorities. I agree with him. People need to be aware of the threats and that knowledge must inform the conduct of all our elected representatives.
And we must ask: shouldn’t we have these estimates made public -- in edited form -- so that people know there are sleepers for al-Qaeda in our country, there are undeclared foreign intelligence agents -- so we create a sense of national interest, of national belonging?
What about your role?
What the ANC has gone through is unprecedented. It happened because we took our eye from the main thing, which is making the ANC a strong institution for creating a better life for our people. It must not be allowed to fall from our hands as a people until there is a genuine alternative that can deliver on those needs. We found the ANC strong, we must leave it strong -- and strong in the morals, values, traditions and ideals on which the ANC was founded. I want to spend what remains of my life doing that.
Source: Mail & Guardian
Wednesday, October 3, 2007
Masetlha v President of the Republic of South Africa and Another
This morning, the Constitutional Court handed down judgment in the matter between Mr Masetlha, the former Director-General of the National Intelligence Agency (NIA), and the President of the Republic of South Africa. The Court was called upon to decide whether two decisions taken by the President, one to suspend and the other to terminate Mr Masetlha’s employment as head of the NIA, was constitutionally permissible.
In a majority judgment, in which Langa CJ, Navsa AJ, Nkabinde J, O’Regan J, Skweyiya J and Van der Westhuizen J concurred, Moseneke DCJ held that the President’s power to appoint and dismiss is not exclusively located in the provisions of the Public Service Act, which provides for the manner and form of the service contract, but must be read in conjunction with the prevailing constitutional and legislative scheme, which implicitly confers on the President such power. He concluded that the President had the power to terminate the employment of the applicant under section 209 of the Constitution read with section 3 of the Intelligence Services Act.
In a minority judgment in which Madala J concurred, Ngcobo J held that under the Constitution the President has a duty to act fairly and that duty precludes the President from unilaterally altering the term of office of the head of the NIA. He held that this is a requirement of the rule of law which is one of the foundational values of our constitutional democracy. He found, however, that on the objective facts before the Court, there has been an irreparable breakdown of trust between the President and Mr Masetlha. Mutual trust, he held, is fundamental to the relationship between the President and Mr Masetlha. On the facts of this case, it is therefore not appropriate to re-instate Mr Masetlha in his former position.
In a separate judgement Sachs J concurred in the order made by the majority, and held that given the loss of the trust that lay at the heart of the specific constitutionally defined relationship between the President and Mr Masetlha, the termination of the appointment was not unlawful. Fairness further presupposed that appropriate concern be displayed for the reputational consequences of an incumbent who is about to be relieved of a high profile position in public life. Sachs J added that fair dealing could not be separated from civility, which, in a constitutional sense, involved more than just courtesy or good manners and was one of the binding elements of a constitutional democracy.
The Court also ordered the President to pay the applicant remuneration, allowances, pension and other benefits for the period starting on 22 March 2006 up to 1 December 2007, all of which must place the applicant in the same financial position that he would have been in but for the early termination of his term of office. The Court has made no order as to costs.
Source: The Constitutional Court
In a majority judgment, in which Langa CJ, Navsa AJ, Nkabinde J, O’Regan J, Skweyiya J and Van der Westhuizen J concurred, Moseneke DCJ held that the President’s power to appoint and dismiss is not exclusively located in the provisions of the Public Service Act, which provides for the manner and form of the service contract, but must be read in conjunction with the prevailing constitutional and legislative scheme, which implicitly confers on the President such power. He concluded that the President had the power to terminate the employment of the applicant under section 209 of the Constitution read with section 3 of the Intelligence Services Act.
In a minority judgment in which Madala J concurred, Ngcobo J held that under the Constitution the President has a duty to act fairly and that duty precludes the President from unilaterally altering the term of office of the head of the NIA. He held that this is a requirement of the rule of law which is one of the foundational values of our constitutional democracy. He found, however, that on the objective facts before the Court, there has been an irreparable breakdown of trust between the President and Mr Masetlha. Mutual trust, he held, is fundamental to the relationship between the President and Mr Masetlha. On the facts of this case, it is therefore not appropriate to re-instate Mr Masetlha in his former position.
In a separate judgement Sachs J concurred in the order made by the majority, and held that given the loss of the trust that lay at the heart of the specific constitutionally defined relationship between the President and Mr Masetlha, the termination of the appointment was not unlawful. Fairness further presupposed that appropriate concern be displayed for the reputational consequences of an incumbent who is about to be relieved of a high profile position in public life. Sachs J added that fair dealing could not be separated from civility, which, in a constitutional sense, involved more than just courtesy or good manners and was one of the binding elements of a constitutional democracy.
The Court also ordered the President to pay the applicant remuneration, allowances, pension and other benefits for the period starting on 22 March 2006 up to 1 December 2007, all of which must place the applicant in the same financial position that he would have been in but for the early termination of his term of office. The Court has made no order as to costs.
Source: The Constitutional Court
Thursday, March 30, 2006
Mbeki names 'perfect spy' as new NIA chief
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
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
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
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, March 25, 2003
Home affairs' misspent millions
Home Affairs Minister Mangosuthu Buthelezi on Tuesday lifted the lid for the first time on allegations of irregular expenditure totalling millions of rands, in a written reply to the portfolio committee on home affairs. Buthelezi, who could not attend the meeting because of a prior engagement, was responding to three questions from the committee. One of them related to a container project to help give rural communities access to the activities of the department. "The container project was never discussed with me by my former director-general, neither was it forwarded as a written submission seeking approval. When it became public... I enquired about the situation and found a host of problems, including irregular actions," wrote Buthelezi.
Detailing his findings in point form, Buthelezi said the problems started with the termination of a "competent" acting chief financial officer. "The person appointed from June 1, 2002 was inexperienced to perform such an important function. The serious nature of the situation became apparent when, on June 3, 2002, she was instructed to place an order for an amount of R12 435 507 for the conversion of 148 container offices. This amounted to more than R85 000 an office without water, power or washroom facilities."
Buthelezi said no prescripts were followed and state tender board instructions were ignored. "Within three days of the order having been placed, a claim was already received for R1 865 326 for payment. There was no contract, no departmental standing committee approval and no treasury approval. Notwithstanding this, the then-acting chief financial officer instructed to pay, which was fortunately reversed before payment. Funds for the containers had at this stage not even been required, and how payment was supposed to be effected is unknown." Buthelezi said the department of public works had also advised them that, among the various options available to ensure service delivery in rural areas, the use of containers was the least desirable.
Home affairs acting director-general Ivan Lambinon told Sapa on Tuesday that he did not know of "this particular document. But there are concerns that things must be done properly and by the rules of the game. As public servants, things must be done honestly," he said. Lambinon identified the then-acting chief financial officer as a Mrs M Shemmans, who was now employed as a director of provision administration in the department. Earlier this month, it was Lambinon who told MPs that he had uncovered a host of problems involving millions of rands in unauthorised expenditure and alleged graft in his department.
The former director-general was Billy Masetlha - now in the presidency - and who had a stormy relationship with Buthelezi. Last year, Buthelezi told the committee he would be forced to table a damage-control bill to protect the state from being sued because the extension, against his wishes, of Masetlha's contract was invalid. Auditor-general Shauket Fakie subsequently agreed that Masetlha's contract was invalid. He also noted that expenditure incurred by Masetlha while his appointment "was not in accordance with... legislative requirements" amounted to about R839m for the period June 21, 2001 to March 31, 2002. A further R332m was spent in the period from April 1, 2002 to June 20, 2002.
Lambinon has been acting director-general since June last year, because of a deadlock between Buthelezi and his cabinet colleagues over who should succeed Masetlha. On Tuesday, committee chairman Patrick Chauke said Buthelezi's absence from the meeting should "not be politicised. Our role in the committee is to play an oversight role over ministers... but we must set up a meeting urgently to discuss matters which are of critical importance and which the minister must brief us on".
Source: Mail & Guardian
Detailing his findings in point form, Buthelezi said the problems started with the termination of a "competent" acting chief financial officer. "The person appointed from June 1, 2002 was inexperienced to perform such an important function. The serious nature of the situation became apparent when, on June 3, 2002, she was instructed to place an order for an amount of R12 435 507 for the conversion of 148 container offices. This amounted to more than R85 000 an office without water, power or washroom facilities."
Buthelezi said no prescripts were followed and state tender board instructions were ignored. "Within three days of the order having been placed, a claim was already received for R1 865 326 for payment. There was no contract, no departmental standing committee approval and no treasury approval. Notwithstanding this, the then-acting chief financial officer instructed to pay, which was fortunately reversed before payment. Funds for the containers had at this stage not even been required, and how payment was supposed to be effected is unknown." Buthelezi said the department of public works had also advised them that, among the various options available to ensure service delivery in rural areas, the use of containers was the least desirable.
Home affairs acting director-general Ivan Lambinon told Sapa on Tuesday that he did not know of "this particular document. But there are concerns that things must be done properly and by the rules of the game. As public servants, things must be done honestly," he said. Lambinon identified the then-acting chief financial officer as a Mrs M Shemmans, who was now employed as a director of provision administration in the department. Earlier this month, it was Lambinon who told MPs that he had uncovered a host of problems involving millions of rands in unauthorised expenditure and alleged graft in his department.
The former director-general was Billy Masetlha - now in the presidency - and who had a stormy relationship with Buthelezi. Last year, Buthelezi told the committee he would be forced to table a damage-control bill to protect the state from being sued because the extension, against his wishes, of Masetlha's contract was invalid. Auditor-general Shauket Fakie subsequently agreed that Masetlha's contract was invalid. He also noted that expenditure incurred by Masetlha while his appointment "was not in accordance with... legislative requirements" amounted to about R839m for the period June 21, 2001 to March 31, 2002. A further R332m was spent in the period from April 1, 2002 to June 20, 2002.
Lambinon has been acting director-general since June last year, because of a deadlock between Buthelezi and his cabinet colleagues over who should succeed Masetlha. On Tuesday, committee chairman Patrick Chauke said Buthelezi's absence from the meeting should "not be politicised. Our role in the committee is to play an oversight role over ministers... but we must set up a meeting urgently to discuss matters which are of critical importance and which the minister must brief us on".
Source: Mail & Guardian
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