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An ace up his sleeve?

STEFAANS BRüMMER AND SAM SOLE - Oct 09 2009 07:39
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The National Prosecuting Authority’s recruitment of fugitive Billy Rautenbach to testify against Jackie Selebi may be its intended ace-in-the-hole -- but Rautenbach is a card the former police chief can play, too.

Rautenbach clinched a plea bargain with the NPA last month, allowing him to return a decade after a warrant was issued for his arrest on multimillion-rand fraud and theft charges. Last week it became apparent the deal, which absolved him personally, included a silent codicil: testimony against Selebi.

Rautenbach is expected to testify about his 2005 attempt to buy a solution to his legal troubles by paying Glenn Agliotti $100 000, part of which Agliotti allegedly paid to Selebi. This would corroborate Agliotti’s confessions.

But if knowledge is power, Selebi remains one of the mightiest South Africans. His hoarding of embarrassing data and his readiness to use it are an open secret.

Rumours of top-level police involvement in leaks damaging to Jacob Zuma -- including 2005 rape allegations and his wife’s heart-rending suicide note -- have been fuelled by Selebi’s perceived willingness to go to war for Mbeki.

Such an approach to dishing dirt may explain Selebi’s decision to focus, in his plea explanation on Monday, on former prosecutions boss Bulelani Ngcuka’s allegedly improper interaction with Rautenbach (alongside Brett Kebble’s alleged “material gratification” of Ngcuka’s successor, Vusi Pikoli).

The evident purpose of Selebi’s claims was to prepare for a defence that the investigation against him was malicious: Ngcuka and Pikoli had to get him before he could have them properly investigated.

Although Selebi did not say so, he may also have implied that he had good reason to hang out with Agliotti and Kebble -- from them he could learn about the corruption of the prosecuting bosses.

On Tuesday Agliotti testified that he had channelled information from Rautenbach to Selebi about Ngcuka’s dealings with him (Rautenbach).

CONTINUES BELOW


Wrapped in Selebi’s strategy, however, is a dose of reputation-levelling dirt.

Selebi’s allegation against Pikoli was that his wife’s shares in Vulisango, a BEE company which obtained shares in Kebble-indebted miner Simmer & Jack, constituted an improper benefit.

The Pikolis have denied this, saying that “Selebi’s latest allegations are an attempt to deflect attention away from the very serious charges he is facing”.

Yet an examination of the issue could open a boil never properly lanced: Kebble’s very wide dispersal of his ill-gotten gains among the ruling elite to buy favour. (Exhibit A: a video, used by Zuma’s camp in the war with Mbeki, funded by Kebble.)

Selebi’s claims about Ngcuka and Rautenbach may have deeper implications for the state and those who were in charge of it then.

The claim that Ngcuka tried to extort a bribe from Rautenbach to find a “solution” to the latter’s problems with the law may be impossible to prove, and Ngcuka has denied it.

But a second allegation -- that Ngcuka “was more interested in information regarding mining rights in the Democratic Republic of Congo and Zimbabwe than in offences that Rautenbach allegedly committed” -- heralds an awkward look at intelligence operations in Central African wars at the time.

Rautenbach, who fled South Africa in 1999 to avoid arrest on fraud and theft charges, was appointed to head Congolese state miner Gécamines the year before in a deal between DRC president Laurent Kabila and Zimbabwean president Robert Mugabe to help pay for Zimbabwe’s support against insurgency from the east.

In June 2000 Ngcuka wrote to Rautenbach’s lawyer saying that “there is a real possibility of us finding a mutually acceptable solution” to the South African charges, but that Rautenbach had to show his “bona fides” by answering questions, including on whose behalf he had registered a company, Hewa Bora Ltd, in Mauritius and what he knew about “members of foreign governments” laundering money through South Africa.

Hewa Bora, a town in the eastern DRC, was Kabila’s rebel headquarters before taking power. Some commentators have drawn links between a Congolese airline, also called Hewa Bora, and Kabila family business interests. The airline this week denied being linked to the Mauritian entity.

In 2001, when Rautenbach fought the seizure of his assets in the high court, he claimed in an affidavit that Ngcuka had arranged for him to meet a member of the NIA to discuss a deal and that the motive for the investigation against him was “as part of the campaign to destroy the perceived source of Kabila’s funds”.

The government, he said, was “strongly opposed to the Kabila regime”. Indeed, South Africa was diplomatically close to Rwanda, which backed the insurgency against Kabila. Rumours have long circulated of an official intelligence operation -- involving prominent South Africans -- in support of an axis between Rwanda and Angola’s Unita rebels where their interests coincided in the Congo.

Was Ngcuka prepared to deal with the devil for the sake of an intelligence job on the wrong side of history? Brace for a riveting trial.
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Riveting indeed, but what has Selebi done wrong? Agliotti's testimony produces very little. Aside from giving Selebi huge amounts of cash, there is no evidence of what Selebi gave Agliotti in return. One can hardly claim telling Agliotti that the British were watching him when he travelled there was corruption or perverting the course of justice. And what the heck does it matter if they bought shoes for Mbeki? Is receiving money from a friend corruption? It seems some very sinister characters were keen to meet Selebi and used and paid Agliotti to introduce them. He mentions that these individuals had problems and thought Selebi could help, but were is the evidence that Selebi took steps to assist these unsavoury characters? There is a can of worms out there that someone wants opened and is using this trial to do it. The end result will be that all the rot that needs to be exposed will be, then the case will follow the same path as President Zuma's did, postponement after postponement, adjournment after adjourment for technical reasons and finally some perverted excuse to call the whole thing off.
Paul Young on October 9, 2009, 9:10 am
It does not make sense to assume that Rautenbach will bring any new evidense - all this thing about charging Selebi by the scorpionslooks like fabricated evidence - Ncuka ,Pikoli and clan were only trying to divert attention and protect their unsavoury turf. Mac and Mo were very right about Ncuka - he looks very shrewd and cunning - dangerous and smooth - that is why his comrade Mcathey has been given a job abroad soon after the revelations in the JZ case.The master are still protecting their interest. it is chirlish to think there is anything untowrd in Selebi - perhaps showing the top secret files to a friend and being rewarded by a friend clandestine.
Simon Mathope on October 9, 2009, 9:23 am
Although Selebi did not say so, he may also have implied that he had good reason to hang out with Agliotti and Kebble -- from them he could learn about the corruption of the prosecuting bosses"
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STEFAANS BRüMMER AND SAM SOLE,your theories are stupid at worse ill advised.Selebi is not that smart.He was just involved in criminal activities and corruption.

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"Selebi’s allegation against Pikoli was that his wife’s shares in Vulisango, a BEE company which obtained shares in Kebble-indebted miner Simmer & Jack, constituted an improper benefit"

This had nothing to do with Selebi's station as police commissioner.It all about Trade polices and minister responsible.
NOT A POLICE MATTER.SELEBI IS CLUTCHING AT STRAWS.
Evans Mazi on October 9, 2009, 9:47 am
How much information and how many names will be exposed? There is too much at stake for too many powerful people - we will probably hear very little in the end - and little will change, the games will continue.
Thinus Oosthuizen on October 9, 2009, 10:15 am
@Paul Young - patience -- the trial has only just begun. There are a string of witnesses that the state has called. They all have to give evidence and be cross examined by the defense. It is too early to speculate now. Let all the evidence be presented and evaluated on the merits of the charges brought against Selebi. The court will decide on the facts pertaining to Selebi's corruption charges.

All the other peripheral stuff may just be a smoke screen and in any event if they may warrant charges of their own against the perpetrators. But that is a seperate matter that will require a seperate trial.
Les Wil on October 9, 2009, 10:22 am
Les, you are quite right. But my main concern is that Agliotti was supposed to be the star witness, and that has not materialised. The other star surprise witness, Billy Rautenbach, is a scoundrel who will easily be proved unreliable by the defense. The actual point I am trying to make is that the reason for this trial has nothing to do with Selebi, but is a means of exposing something or someone else, probably closely linked to the Kebble saga.
Paul Young on October 9, 2009, 11:35 am
@Paul Young. If, as it is alleged, that Selebi was accepting payments in exchange for providing certain favours or services to the individuals identified in the court proceedings, then he has committed a crime that is punishable by law. In short, accepting bribes is corruption. That is the purpose of this case: to ascertain the truth. Naturally the state will have to prove this.

If there are charges to be brought against other individuals in respect of unlawful activities then that would require a separate trial to be tested on it's own merits.

If the witnesses are unreliable, or the evidence does not tally with the facts, then that part of the evidence will be disregarded. That is why there are many witnesses in this case. To get as much information as possible, to test the facts and decide whether Selebi is innocent or guilty. Of course the testimony of one individual is not necessary taken in isolation but all the evidence will be considered. If it cannot be proven that Selebi accepted cash payments from Agliotti then there is grounds for reasonable doubt. According to law the state must prove their case beyond reasonable doubt.
Les Wil on October 9, 2009, 12:09 pm
I agree with Paul Young that the state case, based on the testimony of its "start witness", is a weak one. But I'm not sure what the motive is to charge Selebi.

So far, to me this seems to be a classic case of what I'll call a discordant corrupt relationship....just as with the Shabir/JZ relationship was made to be. This is where a corruptor tries to corrupts a corruptee but he disguises it as friendship.

An example of this is when a boy befriends another so that he can get bed the latter's sister. The first boy buys his 'friend' gifts, spend time with him at home, etc obviously to know where the sister is, what she does, impress her and ultimately have her. If the receiver friend accepts it as genuine friendship does he deserve a punishment from the parents once they found his friend in bed with his sister? Should he be punished for pimping his sister? Perhaps he deserves a flak for bringing unscrupulous friends into the house and maybe sharing family secrets...but not for him believing his friend is genuine, accepting gifts from him and doing what friends do normally.

From the case so far, Selebi can only be punished for defeating the ends of justice by telling his friend that he's under surveillance in the UK. Nowhere in the case does Agliotti say, 'I paid Selebi so much money for this...and he gave me'. He simply charged people for knowing Selebi and used some of that money to buy him gifts.

It's not corruption to call your police friend if there has been a break in into your house, that's what people normally do, whether your friend is a constable or a commissioner, you'd normally call him and he'll help in whatever way friends help. You'll frown at your policeman neighbour if he doesn't wake up at night and help if you are in such trouble, it's normal.

Phillip Les on October 9, 2009, 1:06 pm
If there is a substantial amount of rot, hopefully this case will weed it out. Perhaps it may even lead to the rot over the arms deal to become exposed.

Its clear here that Agliotti seems to be the corrupt gangster by charging people for use of his "friendship" with Selebi. After all his plea-bargain with the state depends on this and he will not be charged for it either. Agliotti is the slippery one here with nothing to lose.
Chilli Peppa on October 9, 2009, 2:42 pm
Proving HOW crooked Selebi is, is not the point here.

This guy probably showed an outsider a confidential international report. He is crooked and must go to jail, just for that, if it is accepted by the court to be true.

The state is happy he did not plea, so that all other dirty washing can be thrown in front of the world. His buddies, they hoped for a plea.

As for all the other dirt dished up
Kenny Strydom on October 9, 2009, 6:21 pm
continues.... it may just flush out a few other dirty rats.
Kenny Strydom on October 9, 2009, 6:22 pm
All the "evidence" led so far is just that Agliotti was a clever conman, charging millions to thugs and gangster for acess to Selebi who only recived a fraction of the fee, R1.2 million. Case dismissed
lister dumba on October 9, 2009, 6:48 pm
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