Johannesburg - Former State Security Agency (SSA) director-general Arthur Fraser has served author Jacques Pauw with a summons in the Western Cape High Court, indicating that he intends to sue him and his publisher for R35 million.
This is a culmination of the wrangle between Fraser and Pauw over damning assertions the acclaimed author and investigative journalist made in his book The President’s Keepers.
Fraser, now the commissioner of correctional services, first contested the allegations in the book about him and his family members when the bestseller hit the shelves in late 2017.
The summons that Fraser’s lawyers delivered to addresses of properties belonging to Pauw and NB Publishers, which published the book, gave the parties 20 days to indicate to the court whether they would oppose the multimillion-rand litigation.
Fraser was challenging what he termed “wrongful, defamatory and false” statements in Pauw’s award-winning book. Fraser‘s lawyers said the statements were designed to blemish his reputation, and hurt both his stature as a civil servant and a businessman.
The summons described Pauw’s book as “a piece of propaganda to paint certain people as corrupt, while it seeks to protect those close to (Pauw) as heroes”.
“In essence, the book is merely a narrative that seeks to attack certain individuals, including the plaintiff, and to disparage and equate them with corruption and malfeasance.
“In it, (Pauw’s) friends and those of his preferred race are profiled as paragons of virtue and morality,” it said.
In the summons Fraser vociferously challenged Pauw on what he stated as his role in a covert programme known as a parallel intelligence network (PAN).
Pauw wrote in the book that Fraser “concocted” PAN as spooks sought to expand their covert collection-capacity.
He wrote that this top-secret intelligence operation “guzzled as much as a billion rand of taxpayers’ money in just three years”.
When it was discovered that former intelligence minister Ronnie Kasrils’ signature was forged for the establishment of PAN, “all the roads led back to Fraser”, Pauw wrote.
Other assertions Pauw made in the book detailed how millions of rand allegedly made their way into the pockets of Fraser’s relatives.
Pauw wrote that after PAN purchased 293 cars for its 72 agents, they resorted to Fraser’s brother for storage.
The brother, Barry, was paid R24m for the use of his private warehouse, Pauw asserted in the book.
He also stated that Fraser was found with 800 intelligence reports that he never submitted to the SSA.
Investigators had “concluded” that Fraser “could probably be charged with treason”, wrote Pauw.
Fraser was also in line to be charged with 10 other managers and agents “for a host of alleged crimes”.
Fraser “could” have been saved by former president Jacob Zuma from his troubles, stated Pauw.
All these assertions were concocted to defame Fraser, the summons said.
“The statements are wrongful, defamatory, false, and designed to diminish the reputation and professional integrity of the plaintiff.
“They further diminish the reputation of the plaintiff as a professional civil servant, whose area of specialisation is intelligence by falsely suggesting that he has acted unlawfully, in violation of the relevant intelligence statutes, the Public Finance Management Act, the Prevention and Combating of Corrupt Activities Act and the Constitution,” said the summons.
Resurgent Risk Managers, a company in which Fraser used to hold a 37.5% stake and was valued at R30m, suffered depreciation of its total share capital due to the book, the papers claimed.
“As a result of the defamation, the plaintiff’s business partners and clients are reluctant to do business with him, resulting in his company ceasing to trade.”
Pauw and his lawyer Willem de Klerk declined to comment. De Klerk referred The Star to NB Publishers.
Confirming receipt of the summons, the company indicated that Fraser’s litigation would be opposed. “NB Publishers can confirm that it and author Jacques Pauw have received a summons from former SSA head Arthur Fraser regarding the bestselling 2017 book The President’s Keepers.
“NB Publishers stands by its author and has retained legal counsel to defend Pauw and the book.”
It said Pauw’s assertions on Fraser’s role in PAN were corroborated by a high-level review panel chaired by Sydney Mufamadi. Mufamadi’s report was released earlier this year. “The review found widespread abuse of the country’s intelligence services for political ends,” said NB Publishers.
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