The National Intelligence Agency (NIA) became embroiled in a rogue investigation involving the illegal interception of the communications of more than 13 highly placed individuals, an investigation by the inspector general (IG) of intelligence has found.
The report, released in edited form on Thursday, found that a secret NIA project launched by sacked director general Billy Masetlha posed “the risk of undermining constitutionally protected party political freedoms and of descending into the abyss of abuse of state resources”.
The report found that Masetlha had established the project, dubbed Avani, in about July 2005 without informing the minister of intelligence.
The stated objectives of Project Avani were to assess and evaluate the effect that the presidential succession debate was having on the political climate and stability of the country.
However, according to the report, the introduction of the so-called hoax e-mails into the intelligence collection system of the NIA resulted in a climate of conspiracy that appears to have taken key personnel with the intelligence services to the brink of treason.
The e-mails, which the report finds were artificially constructed to look like electronic communication, purported to show a conspiracy by highly placed government figures, including Kasrils himself, to sideline political opponents, including Jacob Zuma, African National Congress secretary general Kgalema Motlanthe and Masetlha.
The report noted that the “e-mails” were not gathered by NIA itself, but were procured by Masetlha via an irregular “outsourcing” process that centrally involved persons outside the control of the state intelligence apparatus. “These activities amount to statutory contraventions,” the report found.
Though the report does not name him, it found evidence that businessman Muziwendoda Kunene had played this role and describes him as a paid NIA agent or source.
The e-mails were then used to direct NIA resources in an unprecedented monitoring campaign against the so-called conspirators.
According to the report: “The introduction of the allegedly intercepted e-mails during the early part to the middle of August 2005 seemed to have had a profound impact on Project Avani, as it introduced an element of conspiracy to the investigative, collection and assessment hypothesis.”
The report found that Masetlha himself kept tight control of access to the e-mails and resisted attempts to question their authenticity.
“Attempts to verify the authenticity of the e-mails were reportedly met with the ‘sleight of hand’ obstructionist tactics of the Director General” — who wanted the team to believe that they were true, and who, with another member of the NIA, vouched for their authenticity.
These tactics included:
- tight control over the limited “intercepted” e-mails introduced into the NIA and the management of the document flow by the DG and maintaining a read-only policy in some instances — especially for members engaged in operational activities;
- naming the source as the secretary general of the ANC so as to enhance their credibility; and
- triggering a “still-born” dialogue and investigation of the e-mails between the NIA and the South African Police Service with no serious follow-up.
The e-mails, introduced during August 2005 resulted in the direct and invasive targeting of individuals, largely, although not exclusively due to their “participation” in the allegedly intercepted e-mails. This included the targeting of political parties, officials and various leaders — both ruling and opposition — through the bulk electronic interception of their voice communications and physical surveillance of their activities.
The report found: “The introduction of the allegedly intercepted e-mails and associated ‘conspiracy’ agendas they project — regardless of whether they were authentic or not — would seem to point to a real threat to the integrity of our constitutional democracy together with a possibility of the abuse of state resources and institutions. Should they (the e-mails) be found to have been fabricated however, this fabrication of a conspiracy, of counter-revolutionary threats — and consequent launching of associated intelligence operations — would constitute a very serious matter.”
The report clearly finds the e-mails to have been a fabrication and recommends action against those implicated.
A source indicated that Masetlha, who was axed this week by the president, is set to continue his court battle against his dismissal.