Zenzile Khoisan
Western Cape police chief Lennit Max this week refused to answer claims that he met National Intelligence Agency (NIA) officials as his detectives were gearing up to investigate an alleged cover-up by the same officials.
The Mail & Guardian last week reported on an affidavit by Andr Lincoln, the suspended top policeman who is standing trial on 47 corruption and theft charges. Lincoln claimed senior NIA officers offered him inducements to “take the rap” and spare embarrassment for former safety and security minister Sydney Mufamadi and President Thabo Mbeki.
At the heart of the matter is the reporting line followed by Lincoln and the elite presidential investigative task unit, which he headed. The unit investigated links between politicians, officials and organised crime.
The affidavit pointed to Mufamadi’s testimony at Lincoln’s trial, that the unit reported to then national police chief George Fivaz. In his affidavit, Lincoln called Mufamadi a “liar”, saying the unit reported directly to Mufamadi and Mbeki.
Lincoln stated that as he was preparing to contradict Mufamadi in his trial at the Wynberg Regional Court a fortnight ago he was visited by, among others, NIA provincial head Arthur Fraser. He claimed Fraser tried to convince him not to contradict the minister and offered him inducements that included a sentence of correctional supervision instead of imprisonment, and a plush job.
“The difficulty in this matter,” one member of the intelligence community said this week, “is that [if these allegations are true] Fraser accepted an illegal order by approaching the accused in a matter before the courts with an offer to influence the course of justice. Nowhere in the constitution of the agency is there any provision for an agent to substitute himself for the courts and order the outcome of a trial before the magistrate has made his judgement.”
The M&G reported last week that senior Western Cape detectives have started investigating Lincoln’s allegations against the NIA. But now, well-placed sources claim, officials from the NIA have approached Max to discuss the investigation prompting questions about the impartiality of any investigation that may follow.
Confronted this week with questions about whether he had taken possession of the investigation docket and met senior NIA and police officials to discuss the case and whether there was a possibility of interference Max offered only the following response: “I am aware of the case and it will be investigated properly. The Commissioner wishes to make no further comments.”
The Office of the President and the NIA this week maintained a stony silence on the saga. Presidential spokesperson Bheki Khumalo said: “We are not willing to comment on the matter at this time because this matter is sub judice, it is being investigated and it is before the courts.”
Khumalo would not respond to detailed questions about whether the president was aware that senior NIA officials had approached Lincoln. Numerous calls to Helmuth Schlenter, NIA spokesperson, remained unanswered this week.
The criminal investigation into the conduct of NIA operatives has created a serious problem for the agency. It is already accused of acting improperly by allegedly placing surveillance equipment in the court of Judge John Foxcroft in the high-profile case of People against Gangsterism and Drugs members appearing for the lynching of Hard Livings gang boss Rashaad Staggie. The NIA’s deafening silence in the Lincoln matter has been widely interpreted within the intelligence community as a sign that the agency is struggling for a way to manage the crisis.
Faizel Randera, inspector general for intelligence the statutory watchdog over the intelligence services this week said he would investigate: “The inspector general has taken note of the article in the Mail & Guardian and will be initiating an investigation into the matter.”
Lincoln is due to appear at the Wynberg Regional Court on November 26 when cross-examination resumes.