Intelligence minister’s attempt to halt top spook’s state capture evidence falls flat
STATE Security Minister Ayanda Dlodlo has failed in her bid to force her department’s acting director-general, Loyiso Jafta, from giving evidence at the commission of inquiry into state capture due to what she described as national security concerns.
Jafta was scheduled to begin testifying at the commission chaired by Deputy Chief Justice Raymond Zondo on Tuesday morning, but Dlodlo’s legal representative, advocate Dumisa Ntsebeza, raised a number of objections.
Ntsebeza told the commission that Dlodlo was keen to protect the interests of national security and ensure it was not compromised, but also wanted to assist the inquiry.
According to Ntsebeza, Dlodlo was not interested in protecting the unearthing of criminality and wanted to assist the commission.
”She needs to consider whatever it is that Jafta is going to testify about. She was none the wiser about Jafta’s testimony,” he said, adding that his client only received Jafta’s affidavit on Monday night at around 8pm.
Ntsebeza said Dlodlo called him to say that she had just been served with the affidavit.
He asked Justice Zondo to adjourn the hearing of Jafta’s evidence pending the filing of a substantive application.
”The minister’s (national security) concerns arise, and I say so very cautiously and advisedly, from the content of the testimony… She is keen that we should consult because there are issues in that affidavit,” Ntsebeza explained, adding that he appreciated that the duration of the commission was limited.
He said Dlodlo sought to establish to what extent the issues in Jafta’s affidavit were relevant to what the commission was about.
”Before Jafta testifies we want to put before the commission - under oath - in writing what she feels would not be in the interest of national security,” Ntsebeza said.
Justice Zondo indicated that the Commission was very alive to matters of national security and that it would not like to do anything to compromise national security.
He said Dlodlo had sufficient time to raise concerns about the parts of Jafta’s affidavit that she felt compromised national security.
”I’m going to dismiss the application. As things stand, there is nothing that would justify the adjourning of Jafta’s evidence,” Justice Zondo ruled.
He said his ruling did not prevent Dlodlo from filing her substantive application.
Jafta eventually began giving evidence after a delay of over two hours.