Outgoing intelligence minister Ronnie Kasrils engaged in a last-minute scramble this week to protect his legacy of reform at the intelligence services. Since 2005 the National Intelligence Agency has been in the thick of claims that the Mbeki and Zuma camps abused state institutions in their battle for supremacy.
On Wednesday Kasrils persuaded outgoing president Thabo Mbeki's last Cabinet meeting to release a hard-hitting review of intelligence policy. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication. The report recommends comprehensive reforms of the country's civilian spy agencies, in particular the NIA, the South African Secret Service (SASS) and the National Communications Centre (NCC), responsible for the interception of electronic communication.
The commission, comprising former deputy-minister Joe Matthews, former speaker Frene Ginwala and academic Laurie Nathan, was set up by Kasrils after the "hoax email" saga which led to the sacking of former NIA boss Billy Masetlha. The report, handed to Kasrils on August 7, was held back pending objections by his spy chiefs to some findings. Released on Thursday, it scrupulously avoids trespassing on operational turf, but its recommendations on the policy terrain are uncompromising. The report notes: "We are concerned that NIA's mandate may have politicised the agency, drawn it into the realm of party politics, required it to monitor and investigate legal political activity …" The commission, with the NIA's support, recommends that the mandate should narrow to focus on "terrorism, sabotage, subversion, espionage, proliferation of weapons of mass destruction, organised crime and corruption" and large-scale violence and drug trafficking.
Another key finding is that some methods of surveillance currently used are illegal. The report notes that "infiltration of an organisation, physical and electronic surveillance and recruitment of an informant who reports on the private affairs of an individual or organisation ... are not regulated by legislation and are therefore unconstitutional".The commission rejected the recommendation of an earlier internal task team report that "in the hard reality of intelligence operations … it is sometimes impossible to do things by the book.When operating against terrorist threats or organised crime or other clear threats and targets, it is sometimes necessary to 'bend the rules' in order to ensure that the threat is adequately dealt with. This is an operational reality in order to ensure that the real 'nasties' do not get away with their 'nastiness'."
The commission slams this, saying it is "unconstitutional, flouts the rule of law and undermines efforts to develop an institutional culture of respect for the law…
Source: Mail & Guardian
Showing posts with label Kasrils. Show all posts
Showing posts with label Kasrils. Show all posts
Thursday, September 25, 2008
Wednesday, March 22, 2006
NIA boss Masetlha fired
President Thabo Mbeki has terminated the services of suspended national intelligence agency (NIA) head Billy Masetlha. Briefing the media after the cabinet's fortnightly meeting meeting at Tuynhuys on Wednesday, government communications chief Joel Netshitenzhe said this was with immediate effect. Netshitenzhe said it followed Mbeki's determination that the relationship of trust between himself and Masetlha had irreparably broken down.
During its meeting, the cabinet had been briefed on the investigation by the inspector-general of intelligence services, Zolile Ngcakani, into the authenticity of allegedly intercepted "e-mail communication" among public figures. "The meeting noted the findings of the IG that the 'e-mails' were fabricated mock-ups that were not, and could not, have been communicated via the worldwide 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.
The 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. Netshitenzhe said 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.
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 ANC between Mbeki and former deputy president Jacob Zuma.
Macozoma is said to be a Mbeki loyalist. The e-mails were purported to have been written by top government officials and senior politicians.
Source: Mail & Guardian
During its meeting, the cabinet had been briefed on the investigation by the inspector-general of intelligence services, Zolile Ngcakani, into the authenticity of allegedly intercepted "e-mail communication" among public figures. "The meeting noted the findings of the IG that the 'e-mails' were fabricated mock-ups that were not, and could not, have been communicated via the worldwide 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.
The 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. Netshitenzhe said 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.
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 ANC between Mbeki and former deputy president Jacob Zuma.
Macozoma is said to be a Mbeki loyalist. The e-mails were purported to have been written by top government officials and senior politicians.
Source: Mail & Guardian
Wednesday, October 26, 2005
Intelligence law to be reviewed
Legislation and procedures governing intelligence services will be reviewed in a bid to avoid "future abuses", Intelligence Minister Ronnie Kasrils said on Wednesday. This was aimed at determining "whether there are any gaps or ambiguities that need tightening up", the minister said in a statement. "I intend reviewing the legislation, internal regulations and operating procedures that currently govern the intelligence services," Kasrils said. "In light of the recent events, it is important to look at interventions necessary to prevent any future abuses occurring in the intelligence community."
Kasrils said the country's intelligence services were required to perform their functions in defence of the national interest and in terms of the constitution. "In addition, I will be developing a civic education programme aimed at entrenching a culture of political non-partisanship and constitutionalism throughout the intelligence services." His spokesperson, Lorna Daniels, said a review team had yet to be set up. It was not known by when the exercise would be concluded.
Kasrils recently suspended national intelligence agency director-general Billy Masetlha and two other senior officials pending an ongoing probe into claims of "serious misconduct". This reportedly related to the unauthorised surveillance of politician-turned-businessman Saki Macozoma. The matter has been linked in the media to a succession battle in the ANC between President Thabo Mbeki and his axed corruption-accused deputy Jacob Zuma.
Source: Mail & Guardian
Kasrils said the country's intelligence services were required to perform their functions in defence of the national interest and in terms of the constitution. "In addition, I will be developing a civic education programme aimed at entrenching a culture of political non-partisanship and constitutionalism throughout the intelligence services." His spokesperson, Lorna Daniels, said a review team had yet to be set up. It was not known by when the exercise would be concluded.
Kasrils recently suspended national intelligence agency director-general Billy Masetlha and two other senior officials pending an ongoing probe into claims of "serious misconduct". This reportedly related to the unauthorised surveillance of politician-turned-businessman Saki Macozoma. The matter has been linked in the media to a succession battle in the ANC between President Thabo Mbeki and his axed corruption-accused deputy Jacob Zuma.
Source: Mail & Guardian
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