THE SMART NEWS SOURCE | Feb 09 2010 18:39 | LAST UPDATED Feb 09 2010 18:39 |
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A top spy once closely linked to former president Thabo Mbeki saved ANC president Jacob Zuma’s political life. The Mail & Guardian has established from three independent sources central to this week’s dropping of the criminal charges against Zuma that the National Intelligence Agency’s (NIA) deputy head, Arthur Fraser, was the man who leaked to Zuma’s lawyers the secret recordings that ultimately let him off the hook. Reacting to the M&G’s questions, NIA spokesperson Lorna Daniels said there was “no basis to the allegation that [Fraser] handed the tapes to Jacob Zuma and/or his legal team. He will have a real problem if you publish that allegation because it’s unfounded and will damage his reputation and integrity”. She declined to respond to the M&G’s questions about how Zuma’s lawyers obtained secret NIA tapes and whether action would be taken against Fraser. “The matter is being investigated by the inspector general of intelligence’s office and we wouldn’t comment on this matter now,” Daniels said. The National Prosecuting Authority (NPA) withdrew corruption and fraud charges against Zuma on Tuesday in the KwaZulu-Natal High Court after acting NPA boss Mokotedi Mpshe announced on Monday that the secret connivance between former Scorpions boss Leonard McCarthy and former NPA boss Bulelani Ngcuka amounted to an “intolerable abuse”. The M&G was reliably told this week that Fraser did a “political flip-flop” and handed the NIA recordings, legally obtained during his probe of the Browse Mole report, to Zuma’s legal team. “We understand Fraser felt the need to ingratiate himself with the new administration of Zuma and handed the NIA tapes over,” the M&G was told by a senior legal source with knowledge of the spy tapes. Fraser is the brother of former public service minister Geraldine Fraser-Moleketi. The leaked tapes were central to Mpshe’s decision this week to withdraw charges against Zuma. The NPA presented the media with transcripts of conversations between McCarthy, Ngcuka and businessman Mzi Khumalo discussing the timing of reinstated charges against Zuma. This came after Zuma’s legal team, as part of their representations to the NPA, gave the prosecutors access to “certain recordings” of alleged political meddling in the NPA’s work. The M&G has established that Zuma’s team was in possession of recordings emanating from the NIA and the police crime intelligence services, but that the bulk of recordings used by Mpshe to justify dropping the charges came from the former. This was confirmed by NPA spokesperson Tlali Tlali who told the M&G “only a fraction” of the recordings played to them by Zuma’s lawyers were not in the NIA’s possession. Zuma’s lawyer, Michael Hulley, refused to disclose the source of the tapes at a press conference on Tuesday, citing client-attorney privilege. According to Mpshe’s statement on Monday he commissioned his deputy, Willie Hofmeyr, and the acting head of the National Prosecuting Services, Sibongile Mzinyathi, to listen to the tapes in Hulley’s possession and “verify and investigate their contents”. According to Mpshe the NPA was unclear about whether the recordings had been legally intercepted or were legally in Hulley’s possession. It contacted the NIA, which confirmed it had legally obtained recordings of “many of the same conversations” during its investigation of the production and leaking of the Browse Mole report. It was transcripts of these the NPA made public on Monday. Fraser was appointed by Mbeki and the National Security Council in 2007 to lead an investigation into the production and leaking of Browse Mole. Written by former Scorpions investigator Ivor Powell in 2006, it alleged that Zuma had received funding from Angola and Libya and warned of potential insurrection should he not become president. The document, described by Parliament’s standing committee on intelligence as “extremely inflammatory”, contained political intelligence and numerous allegations about Zuma and other prominent political figures. Fraser’s initial investigation into Browse Mole was widely regarded in the NPA as flimsy and one-sided, and one of its key conclusions, that Powell was responsible for the leak, was never substantiated. A second probe by the Special Investigating Unit (SIU) cleared him. But, according to law enforcement sources briefed on a fresh investigation sparked by the tapes, it is now felt that the SIU interpreted its mandate so narrowly as to avoid any possibility of uncovering wrongdoing by McCarthy. Hofmeyr and the head of the police’s detective services, Rayman Lalla, are already working on a third probe of the report, focusing on McCarthy’s role. A legal source told the M&G that Fraser changed his political tune “some time ago”. Fraser also testified during the Ginwala commission of inquiry where he took the stand against suspended former NPA boss Vusi Pikoli. “He testified against Pikoli, wanting to create the impression that he [Pikoli] didn’t do his job. It was clear from his testimony that he thought Pikoli was not a fit and proper person to hold office,” the M&G was told. Fraser’s main gripe with Pikoli was the Scorpions’ alleged lack of cooperation in his Browse Mole probe. Significantly, Mpshe said on Monday that the NPA would “cooperate fully with the Browse Mole investigation into possible illegal intelligence gathering activities in the DSO [Scorpions], and has managed to uncover significant new information in the process”. Fraser has 23 years of intelligence experience and joined the NIA in 1995. He worked as an investigator for the truth commission and was the NIA’s Western Cape head between 1998 and 2004. Fraser could not be reached for comment. His secretary said he is “not in Gauteng, but in another province and can’t receive any calls”. The Inspector General of Intelligence’s (IGI) office opened an investigation into possible wrongdoing by the NIA after the NPA asked it to investigate “possible illegality surrounding the recordings that were presented to it”. The IGI’s operations chief, Imtiaz Fazel, confirmed the probe, saying the “circumstances surrounding the interception of the voice communications of certain individuals by the intelligence services is currently being investigated”. The IGI’s probe would be limited to the conduct of the intelligence services. In court papers DA federal council chairperson James Selfe argued that the NPA’s decision was not rationally connected with the information before it and that public policy considerations raised by the NPA did not approach the level required to justify a decision to discontinue prosecution. “The decision is unlawful and unconstitutional,” Selfe argues, adding that Mpshe was not authorised to make the decision. He also argued that the NPA could be reasonably suspected of bias. “The rights of the DA, its members and the public are adversely affected by the unlawfulness of the decision,” he said. The case will be heard on June 9. The unanswered questions
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Comments
Can you imagine the movie documentary if Micheal Moore lived in South Africa? Who said African governments were backward and uncreative. Its all rather exciting and intriguing, but now what? Where do we go form here? There seems to be so much corruption and misconduct. Yet no one is being charged. Instead they're being let off the hook and no one is being held accountable. Roll-up 2009 elections!
The peanut Gallery on April 9, 2009, 8:29 am
Instead of all this cloak and dagger stuff going on behind the scenes, why is there still no sign of a courtcase?
Zuma initially said he would welcome a courtcase because he knew he was innocent. So why then is he doing everything in his power (and by now he clearly has a huge amount!) to avoid a courtcase? Costing millions! This whole issue is dragging on and on and on and it's time to get a resolution one way or the other. What about us taxpayers' money that is being used to pay all the legal fees? Let the courts decide for once and for all although one is fast losing trust even in the judiciary. And Zuma wants to be our President? God help us all!
Hettied de Pettie on April 9, 2009, 9:37 am
Excellent questions-further; who 'compiled' the transcripts and what of the rest of the conversations so we get a sense of context to the allegations...
frank nnete on April 9, 2009, 9:50 am
I sometimes wonder why some people choose to ignore some key issues that need consideration or questioning with respect to this matter.The first question for me would be why would Ngcuka, McCarthy and Mzi only be interested in the Zuma case only as it related to the timing of charges? One would be naive to think their interest and influence were narrowly focused and limited to the timing of charges. Did their influence of NPA processes only start prior to Polokwane? For me that would be very hard to believe, given the extent they had to go to in stopping Zuma from being the ANC President and ultimately the Country's President e.g. the haste with which he was dismissed after Shaik's court ruling, Browse Mole Report, monetary offers to quit politics. The whole bias as far as I am concerned started during Ngcuka's tenure as Head of the NPA, who can forget the off-the record briefings he had with Newspaper Editors, who can forget the prima facie evidence with no winnable case. Ngcuka' phone should have be tapped long time ago, at least we would have known the real story. The 'come back strategy' on its own is a reflection of a concerted effort to persecute Zuma at all cost. I am shocked that this writer is putting as one of the questions the question about why was Ngcuka not presented with the transcripts before putting them in public. Ngcuka was given a set of questions to answer under oath, which he refused to do citing 'distortion of context' if he did so. It is the very same Ngcuka who did not want to accept Zuma's refusal to answer questions sent to him by the NPA years back, interesting. The very same people like this writer are not consistent in their arguments, Ngcuka was supposed to be presented with transcripts before putting them in public, but on one hand the Constitutional Court Judges were right to make public, allegations against Hlophe before he was informed of the allegations. Guys, what kind of South Africa do we want to create. I am afraid and very afraid that those who purport or are supposed to be the custodians of our democracy are the ones who are dishing it to the dogs. The work of the NIA and its biases should not be viewed narrowly. Billy Masetla was fired under a cloud. We really need to find out if these State institutions have not been used to settle political scores. If we are not biased, we should be evaluating and analyzing performance of these institutions not only as it pertains to Frazer but from way back.
Thami Mathe on April 9, 2009, 9:57 am
In cases like these it is even difficult to get one source. One must wonder where you got three and also independent sources.
Mfela Mahlangu on April 9, 2009, 10:00 am
G-20 has just met and committed $5-t to the World Bank by end of 2010. Tax havens around the world will be closely watched together with money laundering, racketeering, government corruption and political instability. The eye of the storm could be sternly bearing on us. CAUTION: Interesting Zuma-"scapades" Ahead.
Loyiso Vanqa on April 9, 2009, 10:47 am
The 'Big-Man= = Thabo Mbeki. It's clear, and we are not stupids. He is the main man behind all this nonsense 'finish and klaar' as Jackie Selebi said.
Mishack Mbuyane on April 9, 2009, 10:54 am
This is what the country needs. Keep it up.
Paul Whelan on April 9, 2009, 11:43 am
Call me a conspiracy theorist but what if all involved purposely tarnished the case for it to be thrown out on a technicality. After all, Zuma had tried all other options so this was always going to be a last-ditch strategy.
Derek Main on April 9, 2009, 11:56 am
It is futile to now complain about how Zuma got the recordings - it will have absolutely no effect. It would in any case have been unjust to deprive him of tapes and recordings that clearly prejudiced him. What many seem to be saying is that Zuma should have gone to jail even if there is proof that he was prejudiced from day 1. The simple and common hatred for Zuma is leading to a twisted sense of justice by those claiming to be advocates of justice. The Zumaphobia must come to an end. To now allege that Mpshe and Fraser are now endearing themselves to the Zuma administration is to create a slightly racist perception that because they are black (or coloured) they do not have a backbone! That is mischievous and insulting. There are many who would like to see Zuma in jail and even more who want to see him in the union building. These two cannot all win! The losers must just get a grip and stop being anal retentive and manufacturing consent!
Michael Motsamai on April 9, 2009, 1:04 pm
Now, more so than ever before do South african need to stand against this trend of thuggery and big bully tactics against all of our state institutions.
It wont be long before we are back to the day of state security, controlled freedom of speech, and enemy of the state should you critisize the ruling government. Stand up south africa and protect your constitutional freedom that we all have fought so hard and long for. Hands off state institutions. If ever we needed the legal system to protect itself from interferance it is now
John concerned citizen on April 9, 2009, 1:41 pm
I'm only 20 years of age and I can already see that our country is going down the drains at an incredible pace,it's unbelievable!!South Africa,as our forefathers knew it and hoped it would become, has become a place of corruption in all the levels of our daily lives.From our homes to our work places,our government,our tertiary institutions and even our churches.SA is also steadfastly heading to where Zimbabweans find themselves right now.And I fear that in the end,we will become far worse than Zimbabwe!!!In these up and coming elections,I doubt that I will go and cast my vote,because none of the political parties,in my view at least,show or possess any real mechanism for change in this beloved country of mine.People sometimes wonder why our fellow South Africans prefer making a living in other countries,and I think their answer is simple,"South Africa is heading down the drains and "i" "we" do not want to be there,at home,when it happens".So I'm saying,congratulations to our leaders for leading us astray.
Sylvestor Faku on April 14, 2009, 1:21 pm
Don't you thinking persons understand what is happening, JZ's case will be put off and put off until they are convinced that nobody remembers anything about it anymore. Well so they would like to think. However we are not all that stupid. There are other persons in the government who have achieved this, ie, Winnie.
Colin Murray on May 2, 2009, 1:10 pm
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