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 Zuma spy-tape report mystery
    Melanie Gosling
    November 09 2009 at 07:16AM
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The investigation into how the National Intelligence Agency's secret "spy tapes" got into the hands of President Jacob Zuma's lawyers - which led to the scrapping of criminal charges against Zuma and ultimately to a change in government - has been completed, but the report is under wraps.

The Inspector-General of Intelligence, Zolile Ngcakani, who has an ombud role and oversees all intelligence services in the country, confirmed that his office had finished its investigation, but said its findings could not be made public because "the report has not yet been released to the appropriate authorities".

The investigation deals with the taped recordings of intercepted conversations between former Scorpions boss Leonard McCarthy and former National Prosecuting Authority (NPA) head Bulelani Ngcuka, made towards the end of 2007.
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The conversation suggested that McCarthy was taking political instructions as to the best timing to bring fraud and corruption charges against Zuma. These recordings led to all criminal charges against Zuma being dropped.

Although the inspector-general's report on the spy tapes is under wraps, the inspector-general did reveal to the Pretoria News that his investigation had found that the intercepting of phone conversations involving McCarthy had been conducted by the NIA "lawfully in terms of a judicial direction".

The investigation also established that the police were spying on McCarthy at the same time. "We have found that the crime intelligence division of the police intercepted the phone conversations of McCarthy as part of an unrelated investigation, and such interceptions were conducted lawfully in terms of a judicial direction," Ngcakani said.

He said his office had extended its spy-tape investigation to include the police crime intelligence division after it had emerged in the court case of former national police commissioner Jackie Selebi that tapes had been released to him.

"Subsequent to the issue of the release of tapes to Mr Selebi emerging in the South Gauteng High Court in May 2009, we included the activities of the crime intelligence division of the police during the period in question."

The inspector-general's office would not say who the "appropriate authorities" were to whom the report would be given.

Legislation requires that it should go to the joint standing committee on intelligence (JSCI).

Ronnie Kasrils, who was the minister of intelligence at the time of the spy tapes saga, said he had no knowledge at the time that the NIA was tapping McCarthy and Ngcuka's phones.

Kasrils said that after the intelligence crisis of 2005/06, when former NIA head Billy Masetlha was found to have abused the intelligence powers by instigating unlawful surveillance and eavesdropping on politicians - and creating hoax e-mails - he had issued a directive to the NIA and to the minister of police that "any interception using the National Communications Centre facilities needs to be passed by me".

But the NIA and police apparently defied this ministerial directive.

"The NIA were obliged to report this to me as minister. They never did. I knew nothing about it," Kasrils said.

"Intelligence agencies intercepted conversations of a state official (McCarthy), whose calls to his own minister and to the president were being intercepted. In other democratic countries this would be regarded as an incredible scandal," Kasrils said.

"We're dealing with something here which led to a government change and a president being removed. And the public doesn't clamour for the release of this report? The country is asleep," he added.

The JSCI is a parliamentary committee tasked with overseeing the intelligence services as one of the governments checks and balances against abuse by the intelligence services. It meets in secret.

However, JSCI chairman Cecil Burgess was not aware that the inspector-general had completed the spy tape investigation.

Asked yesterday if he would call for the report, Burgess replied: "It depends on what the report contains. There are certain things we may not be entitled to see."

It is a criminal offence for the intelligence agencies to release intercepted information to the public, and for the public to be in possession of classified information without permission.

The legislation spells out when classified information may be released by intelligence agencies, and it is clear that it must be for the purposes of law enforcement.

Zuma's lawyer, Michael Hulley, has repeatedly refused to say who he got the tapes from, but has repeatedly denied reports that they were given to him by NIA deputy director Arthur Fraser. Hulley has been reported as saying the tapes were given to him by "at least two different sources".

Although Ngcakani's investigation revealed that the phone tapping was lawful, the inspector-general would not be drawn to say on what grounds a judge had given both intelligence agencies authorisation to tap the phone conversations of the former Scorpions boss, saying this information was classified.

The Regulation of Interception of Communications and Provision of Communication-related Information Act, known as Rica, is specific about the grounds for intercepting communications, and an application to do so has to be made to a designated judge, appointed by the minister of state security.

The applicant has to state the nature of the "serious offence" that the agency has reason to believe is being, or will be, committed. This can include treason, terrorism, sabotage, sedition, arms smuggling and drug trafficking.

If the grounds remain classified, the public will never know why the intelligence agencies spied on McCarthy and Ngcuka. To date, neither has been charged with any crime.

    • This article was originally published on page 1 of Pretoria News on November 09, 2009
Showing page 1 of 1 comment pages, 8 total comments
2 Weeks ago Sad SA boykie wrote :
Now we know why the outside world is afraid of 2010 WC violence - the German team will be wearing permanent flak jackets! While our esteemed NIA (Not Intelligent Agency) should be using their Rmillions budget gathering info on terrorists, they are in stead using their time and TAX payers' money to spy on political opponents of the regime.
2 Weeks ago BartGee wrote :
This is the last we the public will EVER hear about these tapes... Zuma will ALWAYS have that 'sword' hanging over his head!!!! This is another classic ANC cover-up!
2 Weeks ago DM wrote :
The ANC politicians drink our blood daily.
2 Weeks ago Papa wrote :
Ja, indeed it will be difficult to know everything about this saga, especially when it concerns one Mr Ngcuka. South Africans with more than 1 megabite memory would recall that former President Thabo Mbeki decreed a 30 year embargo on classified files relating to amongst others, spies from the apartheid era who spied for the ANC from within the apartheid machinery and vice versa. This embargo was triggered by the spy allegations that resulted in the appointment of Justice Joost Hefer's commission. When poor Mo Shaik was connered in the commission by Adv Kessie Naidoo, the least he could do was to cry because he could not release any copy of the classified files on Ngcuka he had in his possession to prove his allegations, that would have sent him to prison since he was not suppose to have such files although he conducted the investigation for the then ANC Intelligence. When questioned further, Mo indicated that he handed the all the files from his Unit to NIA, he even produced a receipt as proof, yet NIA could not come to his rescue, hence he was called a "liar". The question is, why a 30 year embargo on these files if Ngcuka is clean? Why NIA refused to release the files to the Hefer Commission if Ngcuka is clean? Judge Hefer concluded that his was a finding based on the unavailability of evidence, not conclusive proof that indeed Ngcuka was clean. The abuse of power and manipulation of the media was proven against Ngcuka, this was supported by the Public Protector's findings that indeed Ngcuka abused his powers and continuously leaked damaging information about Zuma without charging him. We all remember the insults that came from Maduna & Ngcuka directed at the person and the office of the public protector, yet Mbeki did nothing to protect a chapter 9 institution, meaning failure to protect and uphold the constitution inline with the oaths of office he, Maduna & Ngcuka took. That is why I do not expect any revelations even in the current saga, any revelation will open a bucketful of rotten worms. Is President Zuma willing to lift the 30 year embargo? I guess not, because it will undo the very little that was achieved by the Truth & Reconciliation Commission. Ngcuka has been at it for a longtime, if it is indeed him and his buddies on the tapes, why is Kasrils crying?
2 Weeks ago Moroko wrote :
I'm also interested in who are the "appropriate authorities" because it won't be fair if it is the JSCI or Parliament or President or Cabinet as there is a direct conflict of interest - maybe the "appropriate authorities" should be the Constitutional Court.
2 Weeks ago Rule of law wrote :
In any country where the rule of law exists there would be a proper judicial inquiry by an independant judge, clearly several laws and ministerial orders has been broken in the process ( interception without permission of minister, possible interception without valid and correct legal ground approved by judge, handing over of copies to private individuals, interception of ministerial and presidential communication) Furthermore it was clearly just a political exercise to get charges dropped against Zuma. If he was really ever serious to confront charges in court, he should not be spending tens (maybe now hurdreds) of milluions of taxpayers money to avoid facing the charges. His "day in court" that he said he wants apparently just consist in trying to avoid charges brought against him. By his own actions he clearly shows that he is guilty. An innocent man is not afraid to face charges. There is also enough information in the public sphere to create a first impression that he is guilty of fraud. This all creates the impression that there is no longer any rule of law in this country, but the rule of power and this will lead to increase in crime and put us on the threacherous slope leading to an African "democracy" (aka dictatorship)
2 Weeks ago Anonymous wrote :
Are there any any government officials left with any integrity whatsoever left? Why can they not just do their work and see the country flourish? Was their so called "struggle" just to get to the government coffers and party it all away? Sooooo disappointed with the state of affairs....
2 Weeks ago Bigfoot wrote :
More skeletons for the ANC cupboard and more dust to be swept into the growing mound under the carpets at Luthuli house.
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