#PresidentsKeepers: Pauw facing lawsuits over book

Jacques Pauw at the Cape Town launch of his book, right. Picture: David Ritchie/ANA

Jacques Pauw at the Cape Town launch of his book, right. Picture: David Ritchie/ANA

Published Dec 10, 2017

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Journalist Jacques Pauw never had the intention to write his controversial book The President’s Keepers until he was approached with tons of information by an influential group led by former finance minister Pravin Gordhan, which is pushing for Deputy President Cyril Ramaphosa to succeed President Jacob Zuma as the next ANC leader.

Among others, the explosive book fingers ANC presidential hopeful Nkosazana Dlamini Zuma for allegedly receiving cash and material support for her campaign from controversial cigarette manufacturer Adriano Mazzotti. Dlamini Zuma and Ramaphosa are front runners in the upcoming conference happening at Nasrec from December 16 to 20 when conference delegates will vote on who succeeds Zuma.

The book also reveals an alleged plot by Zuma to quash his massive R63 million tax bill, his failure to submit his tax returns during at least the first five years of his presidency, and how he kept receiving a secret monthly pay cheque from a friend despite being paid by the state as president.

Impeccable sources have revealed the book came after several meetings between Pauw, Gordhan, former intelligence head Moe Shaik as well as former South African Revenue Service (Sars) top executives Ivan Pillay and Johann van Loggerenberg.

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Sources say virtually all information regarding affairs at Sars were provided by Gordhan, Pillay and Van Loggerenberg, while information on the State Security Agency (SSA), especially the alleged looting of millions from the agency’s Principal Agent Network (PAN) sludge fund, was given by Shaik.

Sources say at one of the meetings held in Stellenbosch, also attended by a prominent businessman, Pauw was given the go-ahead to publish information provided by Gordhan and his team. 

It is alleged that at that meeting Pauw expressed concern about possible lawsuits he could face following the publication of explosive allegations against high-profile individuals but was given the assurance that he would be provided with sufficient budget to cater for all litigation.

Sources say the book has indeed backfired and, as expected, Pauw is now facing multiple lawsuits and is demanding that Gordhan and co honour their promise to back him financially.

The Sunday Independent can reveal that among those taking legal action against Pauw is former intelligence operative George Darmanovich, whom Pauw describes in the book as “a chunky Serb with a bull terrier-like appearance”.

“He was the person who warned me in 2014 that Sars executive Johann van Loggerenberg was going to be fired and that the Special Operations Unit (SOU) was digging for dirt against him and the Sars top executive. How would Darmanovich have known about the SSA if he didn’t work for them,” Pauw writes. In an interview with The Sunday Independent this week, Darmanovich, who provided proof of his SA citizenship, described Pauw as a “serial liar”.

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“He apologised to me for the lies he wrote about me in City Press in 2014, yet he still went on to lie about me in the book,” an irritated Darmanovich said. He showed The Sunday Independent an e-mail dated March 2, 2017 which he said Pauw had written to him, apologising for the 2014 article.

“I’m writing to you because I was wrong in August 2014 to have implicated you in the demise of Johann Loggerenberg and the Sars rogue unit. I found out afterwards that it was not the Special Operations Unit that f**** up Johann and the Sars investigations unit, but the Economic Intelligence Unit. I was fed wrong information. It was so convincing that I believed it. I believed that you were personally involved in the whole mess. I was played, played very, very convincingly. If I ever see you again, I will explain to you,” Pauw wrote to Darmanovich.

In the same e-mail, Pauw added: “I didn’t get paid to publish the SOU story, I can assure you. But there is/was definitely a faction that wanted to get rid of you and smear you - and Inzo I think.” Inzo Ismail is the former head of special operations at SSA.

Darmanovich said he found it strange that Pauw, after writing an apology to him, could still “carry on and write the same lies for which he apologised”.

SSA spokesperson Brian Dube confirmed the agency had laid charges against certain individuals, who he declined to name.

Responding to questions sent to him, Shaik said he had met Pauw when the latter put certain questions to him which he answered. “My answers pertained to matters that occurred prior to my employ as head of the secret services. I did not provide any information about PAN or any other matter that occurred during my tenure in the services. I was the head of foreign intelligence and, as such, PAN and its details did not fall under my supervision, nor was I privy to such information.”

Shaik said he was unaware if he was one of those against whom the SSA had laid charges as he had not been “contacted by any agency conducting an investigation into this matter”. He said there wouldn’t be any basis for criminal charges against him “as I have not violated my oath of office or any relevant law in any way whatsoever”.

The Sunday Independent can reveal that Pauw is also being sued by the family of the director-general of the SSA, Arthur Fraser.

The family are disputing what they call lies and Pauw’s “enthusiasm to influence ruling party politics and the 2019 general election”.

Among allegations being disputed by the Fraser family are that a Fraser sister was married to “all-powerful” intelligence officer Graham Engel as well as claims that Barry Fraser was the director of a company and NGO that benefited from PAN.

Barry Fraser said that if Pauw had followed “basic tenets of journalism - verifying information and giving the other party the right to reply - he wouldn’t have got it all wrong”. He told The Sunday Independent that the family were disappointed that big law firms were unwilling to take up their matter. “We have found a smaller firm that is acting on our behalf because we cannot just leave these libellous claims by Mr Pauw unchallenged.”

The Sunday Independent can also reveal that Pauw is facing legal action from Sars and its commissioner, Tom Moyane. Sars spokesperson Sandile Memela confirmed “the civil case against Mr Pauw, which includes Mr Tom Moyane’s defamation, is at an advanced stage and papers will be served soon”.

“Sars wishes to reiterate that it is a criminal offence for any current and former Sars employees to discuss or divulge Sars information to anyone, and Sars will take action should such evidence surface.

“This is in line with the Tax Administration Act, 2011, especially Section 69, that prohibits the disclosure of taxpayers' information.”

Memela confirmed that a criminal case had been opened against Pauw at the Hatfield police station. He added: “The book, which is based on gossip, innuendoes and malice, creates a misleading impression insinuating that Mr Moyane is immoral, corrupt, negligent, unprincipled, undermines the law and/or conducts himself in a manner that contravenes the law.”

Gordhan denied playing any role in the book. “I have absolutely nothing to do with the book. In fact I have not met Mr Pauw before that evening. I went to the Brooklyn Mall with my family to pop in at the launch of the book on the way to dinner at a nearby restaurant.

“I was approached by many members of the public to sign the book. I obliged. If you have any information to the contrary, please provide me with the information you have.”

Pillay said: “I do not and did not have contact with the author of the book, directly or indirectly. I am not aware of how the author got his information. Ask Sars.” He said he couldn’t comment further “on allegations which are not specific and for which no foundation is provided”. Van Loggerenberg’s lawyer, Brett Murison, said his client considered allegations against him as “false, malicious, spurious and defamatory”.

Pauw’s publisher, NB Publishers, did not respond to specific questions e-mailed to their client. Instead they sent a statement in which they said they “stand firmly behind our book”.

“Regarding queries about legal challenges to ourselves and Mr Pauw, our author has been asked to meet with the police, and we are liaising with them through our lawyer, Willem de Klerk. However, despite requests by De Klerk for more information from the authorities regarding the nature of the complaints, we do not have clarity on this.

“We are deeply concerned about the lack of transparency on the part of the authorities and the attempts to intimidate our author,” they said.

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