Former National Intelligence Agency (NIA) director general Billy Masetlha has told the African National Congress probe into the ”hoax e-mails” that he possesses a separate set of e-mails intercepted by his agency — and that they are different from the messages judged to be fraudulent by Intelligence Inspector General Zolile Ngcakani.
The suggestion may be that the e-mails leaked to the public were a doctored version of those allegedly in Masetlha’s possession, circulated to give the impression that they are part of a political conspiracy.
It is understood that Masetlha did not provide the ANC task team with details of what ”his” e-mails contain. If he is telling the truth, the question arises as to why he is keeping them under wraps. One possibility is that he is using the threat of disclosure to stave off his arrest on fraud charges in a high-stakes poker game with the government over his dismissal.
Two months ago police National Commissioner Jackie Selebi announced at a media conference that those involved in the e-mail saga faced imminent arrest. On Monday IT specialist Muziwendoda Kunene appeared in the Pretoria Specialised Commercial Crime Court on a charge of fraud after being accused of fabricating the e-mails and chat room conversations between senior ANC politicians, members of the NIA, media personalities and opposition figures. However, Masetlha and other implicated NIA officials remain at large.
The Mail & Guardian understands from several well-placed sources that in his submission to the internal ANC task team Masetlha claimed he had a different set of e-mails from the collection leaked to the public and considered a hoax.
Imran Haffegee, Masetlha’s attorney, said Masetlha had ”participated in the internal [ANC] inquiry”, but he [Haffegee] was not aware of what Masetlha had said in his submission. He said he could not comment on whether Masetlha had a different set of e-mails because he ”did not know”.
Repeated attempts to contact Masetlha were unsuccessful this week. In March, the national executive committee (NEC) set up an internal task team to investigate the origin of the e-mails following the presentation of Ngcakani’s report to an NEC meeting.
The report pitted NEC members, led by Mbeki, who supported it, against those led by Kgalema Motlanthe who argued that the party should not accept a government-led inquiry and called for a parallel ANC investigation into their origin.
The task team began its work at the end of April, tasked with probing the origins of the e-mails and investigating the political impact of the presidential succession race on the ANC. It must make recommendations on how to manage the divisions that have wracked the ruling party in recent months.
Based at Luthuli House, the team has already received submissions from, among others, ANC businessperson Saki Macozoma, Deputy President Phumzile Mlambo-Ngcuka, director general in the Presidency Frank Chikane and Masetlha.
It is understood that Macozoma, who was infuriated by the e-mail saga, made a submission lasting almost two hours. It is also understood that Jacob Zuma and Mbeki have indicated they will participate in the task team process, with the former testifying on the weekend of June 23 and the latter a week later.
Former president Nelson Mandela will also make a submission by the end of the month in an effort to calm the political storm raging in the party.
The e-mail exchanges examined by Ngcakani essentially purport to illustrate a political conspiracy led by a Xhosa cabal aimed at the destruction of ANC deputy president Zuma and party secretary general Motlanthe.
Comprising 73 pages, most mocked-up to resemble correspondence, they portray Macozoma as the kingpin of the political conspiracy. National Director of Public Prosecutions Vusi Pikoli, Democratic Alliance Leader Tony Leon, Mlambo-Ngcuka, her husband Bulelani Ngcuka, Frank Chikane, Scorpions investigators Johan du Plooy and Izak du Plooy, and M&G Online publisher Matthew Buckland are all implicated as part of the alleged ”cabal”.
Mbeki fired Masetlha for his alleged involvement in the scandal after the release of Ngcakani’s report. Mbeki said his relationship with Masetlha had ”irreparably broken down”. Masetlha is currently challenging Mbeki in the Pretoria High Court over the legality of his dismissal.
Ngcakani’s investigation found that a secret NIA project launched by Masetlha posed ”the risk of undermining the constitutionally protected party political freedoms and of descending into the abyss of abuse of state resources”.
According to the report, the project, dubbed Avani, was established by Masetlha in about July last year, without Intelligence Minister Ronnie Kasrils being informed.
Cyber unit shakedown
In yet more fallout from the ”hoax e-mails” saga, Intelligence Minister Ronnie Kasrils fired National Intelligence Agency cyber unit manager Funi Madlala this week, writes Matuma Letsoalo.
The move is seen as part of a wider shake-out of the intelligence services after he had been put on special leave since November last year after he failed to cooperate with Inspector General Zolile Ngcakani in his investigation of the e-mails.
And on Monday this week Johannesburg-based IT executive Muziwendoda Kunene, accused of manufacturing the e-mails, was arrested and appeared before the Pretoria High Court on charges of fraud.
Police and intelligence sources this week told the Mail & Guardian that the state was formulating charges against both Madlala and Masetlha. ”They will be arrested any time now,” said one source.
Imraan Haffegee, Masetlha’s legal representative, said he was not aware of any imminent arrest. Madlala was not available for comment.
The inspector general’s investigation found that Masetlha irregularly authorised payment of R152 000 to Kunene for the illegal interception of the communications of high-profile politicians, including Cabinet ministers and an opposition leader.
Last week, in his budget vote speech, Kasrils accused Masetlha ”and his colleagues” of violating the Constitution to justify the existence of a political conspiracy against ANC deputy president Jacob Zuma.
He said his department was working on measures to tighten controls and prevent the recurrence of abuses. These would include a review of political intelligence-gathering.