National Intelligence Agency (NIA) director general Billy Masetlha has bemoaned the effects of his suspension on his family, colleagues and the public.
”My family, including my aged mother and many other relatives, are deeply distressed by my purported suspension,” he said in a sworn affidavit before the Pretoria High Court on Tuesday.
”Many of my family members are being viewed with suspicion because they are associated with me.”
Masetlha on Tuesday evaded questioning by the inspector general of intelligence, Zolile Ngcakani, as part of an investigation into the alleged unauthorised surveillance of politician-turned-businessman Saki Macozoma.
In terms of an agreement with Ngcakani, made an order of the high court, the inspector general withdrew his request for Masetlha to attend an interview planned for Tuesday morning.
Urgency
In an affidavit supporting his application, Masetlha said the matter is one of urgency, as his ”purported” suspension has been damaging to the morale of NIA members and to public confidence in the agency.
”Great confusion and uncertainty has been created by my purported suspension.”
He claimed to know of ”at least one case” in which a member, acting on his instructions, had been falsely accused, arrested and charge with a serious crime.
”As director general, I have a legal and moral duty to assist this member to establish his innocence. I cannot do so effectively if I am under suspension and unable to use my official powers to see that justice is done.”
An application is pending before the high court for Masetlha’s suspension, which he considers unlawful, to be overturned.
He said the suspension has been prejudicial to his good name, integrity and reputation.
”A section of the public tends to believe that there is no smoke without fire,” he stated in his affidavit.
Details
Details of the allegations against him have been withheld on the grounds of national security.
”For the same reason, I cannot disclose the facts publicly and, by giving my side of the story, try to clear my name.”
Masetlha said he is the director general of a department that plays a vital role in protecting the national security, and has constitutional duties to fulfil.
Masetlha and two other senior officials were suspended last month pending the outcome of an ongoing probe into claims of ”serious misconduct” allegedly related to the unauthorised surveillance of Macozoma.
Masetlha is accused of having known about the surveillance, and of participating in it.
The suspension of Masetlha; his deputy, Gibson Njenje; and NIA general manager Bob Mhlanga followed an initial probe by Ngcakani at Minister of Intelligence Ronnie Kasrils’s instruction.
This was based on a complaint from a member of the public, believed to be Macozoma.
The matter has been linked in the media to a succession battle in the ruling African National Congress between party and national President Thabo Mbeki and his axed corruption-accused deputy Jacob Zuma.
Interview plans
On Tuesday, the Pretoria High Court heard an urgent application by Masetlha for an order interdicting Ngcakani from proceeding with plans to interview him.
He asked to be given access to several documents — including the letter that formed the basis for the original probe leading to his dismissal, and relevant portions of Ngcakani’s preliminary report.
Masetlha sought an order that he may not be interviewed without his lawyer being present, as he could incriminate himself.
He claimed he was being denied a constitutional right to legal representation, meaning that he would have to ”subject myself to an unlawful interrogation on pain of criminal prosecution”.
With Ngcakani agreeing to withdraw Tuesday’s interview, the application for the remainder of the relief sought by Masetlha was postponed indefinitely.
Imtiaz Fazel, chief operating officer in Ngcakani’s office, said Masetlha may yet be called for questioning.
”We may call him in future, but we also have other sources of the same information. We will pursue those for the time being, rather than interview Mr Masetlha.”
‘Wait and see’
Masetlha’s lawyer, Imraan Haffegee, said the matter will remain on the court roll, and his client will reopen the application as soon as a new request for an interview is made.
”We will just have to wait and see.”
In his affidavit, Masetlha claimed Kasrils never had the legal power to suspend him. He also disputed claims that the suspension had actually been Mbeki’s idea, based on a meeting with him on October 20.
”I deny that the president took any decision at our meeting of October 20 to suspend me. He certainly did not communicate any such decision to me at the meeting.”
Masetlha also submitted an ”in camera” affidavit — the contents of which he asked the court not to disclose because of its sensitive nature. — Sapa