Independent Newspapers

Tessa Beetge.

The Pietermaritzburg High Court intends approaching the director of public prosecutions to see whether a criminal case can be brought against the SABC for airing an interview with a crucial state witness.

The public broadcaster's Special Assignment earlier this year screened an interview with convicted drug mule Tessa Beetge from a jail in Sao Paolo, Brazil, where she is currently serving an eight-year jail sentence. She is a crucial State witness in the drug trafficking case involving Sheryl Cwele, the wife of State Security Minister Siyabonga Cwele.

Judge Piet Koene on Monday said he had not seen the broadcast as he was in hospital under sedation at the time.

“I did not see it. I am still looking into it. I intend to approach the DDP (director of public prosecutions) to investigate whether criminal offence can be instituted against the SABC,” he said.

Beetge was arrested after 10kg of cocaine was found in her luggage in Brazil in 2008.

Cwele and Nigerian national Frank Nabolisa allegedly conspired to recruit Beetge and Charmaine Moss as drug mules.

In the interview, Beetge made several allegations against Cwele, claiming Cwele had offered her a job via SMS. Beetge said Cwele should be the one having sleepless nights, not her.

“My only mistake was trusting her... Sheryl Cwele should be the one paying the price. She must face consequences for her actions,” Beetge said in the SABC 3 show.

Koene on Monday also ruled that transcripts of calls intercepted by police from two cellphone numbers were admissible as evidence.

In October lawyers representing Cwele and Nabolisa objected to the use of the transcripts. The police recorded phone calls between Cwele, Nabolisa and Beetge.

Advocates representing Cwele and Nabolisa had argued that the act under which the interception of the calls was authorised did not cover cellphones. They had further argued the interception was not authorised by a designated judge. It would “trample” the accused's privacy.

The State believed the calls would present a detailed picture of what transpired between Cwele, Nabolisa and Beetge.

The directive to monitor calls was granted by Judge J Swart on March 20, 2008. It covers the period April 29 to June 16, 2008. - Sapa