Intrigue at the highest level of the government, including an extraordinary political ambush and counter-ambush, has been disclosed in court documents lodged by suspended National Intelligence Agency (NIA) director general Billy Masetlha.
Masetlha is attempting a high court challenge to his axing last month by Intelligence Minister Ronnie Kasrils.
Masetlha was suspended and barred from NIA premises in the wake of an investigation by the inspector general of intelligence into an allegedly unlawful NIA operation to monitor businessman Saki Macozoma.
Until now, the only evidence relating to the operation to have emerged is references to so-called ”hoax e-mails” implicating Macozoma in an alleged political conspiracy aimed particularly at discrediting African National Congress secretary general Kgalema Motlanthe and Jacob Zuma.
However, Masetlha’s court papers disclose that the NIA boss prepared a fully-fledged report on the controversial NIA investigation, which he presented to President Thabo Mbeki the day before his dramatic suspension by Kasrils.
There are no details provided on the top secret NIA project and all references to it bar one are blacked out in the copies of legal correspondence with Kasrils and the presidency attached to Masetlha’s affidavit.
Kasrils, citing national security, has refused to disclose details of the NIA investigation or even release copies of the e-mails, though some less credible examples have been leaked to the media in piecemeal fashion.
However, the information blackout raises the possibility that the Masetlha report may be more substantial and more damaging than the picture painted by Kasrils of ”fake” e-mails and a ”clearly fraudulent” misinformation campaign.
A well-placed intelligence
source said the inspector general was still investigating the e-mails and the minister was merely expressing his own views: ”The minister is probably worried about the implications of the e-mails.”
Information obtained by the Mail & Guardian suggests that
Masetlha’s report in fact implicated Kasrils himself and that the director general expected to sideline his political boss by disclosing its findings to Mbeki.
It is believed that some of the report related to allegations of the involvement of foreign intelligence agencies in South Africa’s domestic political conflict — something Masetlha raised in relation to the Scorpions in his submission to the Khampepe commission.
It is also understood that the president’s office has declined to provide the report to the inspector general for his investigation and instead instructed Masetlha and his legal representatives to forward the report to the inspector general.
In his court affidavit Masetlha merely states that he met with Mbeki at the presidential residence on October 19 to ”discuss a certain matter”.
Director General in the Presidency Frank Chikane was present, but, significantly, Kasrils was not.
According to Masetlha, it was agreed that a follow-up meeting would be held the next day, October 20, to take the matter further, this time with both Kasrils and Inspector General of Intelligence Zolile Ngcakani present.
But when Masetlha arrived the next day he found himself in the middle of a stunning political ambush.
Masetlha, it emerges, had no idea that Kasrils had already launched an investigation of him spearheaded by the inspector general, based on a complaint by Macozoma, and had briefed the president prior to Masetlha’s arrival.
In his affidavit the director general describes his shock as the tables were decisively turned.
”When the meeting commenced on October 20, the president said that it was no longer necessary to discuss the matter raised on October 19 because the first respondent [Kasrils] had spoken to the president earlier, the first respondent had something to say and the president thought we should listen to the first respondent.”
Kasrils then said that, as he had already told the president, the investigations of the inspector general had produced evidence that required further investigation and that ”we would need the cooperation of the director general”.
Kasrils then read out a letter informing Masetlha that he was in receipt of an interim report from the inspector general concerning the legality of certain intelligence operations. Kasrils said that given Masetlha’s involvement in what appeared at that stage to be ”an unlawful and un-procedural operation by the NIA”, he had decided to suspend the director general from his post with immediate effect.
According to Masetlha, Kasrils told the meeting that he had established that the suspension was an internal procedural matter of the NIA that did not require the intervention of the president.
Mbeki then asked Masetlha if he had anything to say. Clearly dumbstruck, Masetlha replied he would need to study the contents of Kasrils letter. The president then closed the meeting.
Masetlha, a long-time ally of Mbeki, clearly believed that Kasrils was acting on his own, without the categorical support of Mbeki.
That much is clear from the terms of his challenge to the suspension, in which he queried whether
Kasrils, who does not have the formal authority to suspend the director general, was indeed acting on the instructions of the president.
This week he found out he was wrong. On Tuesday Mbeki signed a presidential minute, backdated to October 20, formally confirming the suspension.
Masetlha’s attorney, Imraan Haffegee, said this week his client was now considering his options.
Meanwhile, it is understood that the inspector general’s investigation into the NIA project is continuing.
Masetlha also confirmed in his affidavit that NIA cyber unit manager Funi Madlala, arrested for allegedly withholding information from the inspector general’s probe into the Macozoma e-mails, was acting ”as my courier, on and in accordance with my instructions”.
Madlala, who was understood to have been involved in receiving or intercepting the e-mails, is out on bail following an in camera hearing in the Pretoria Regional Court.