The trial of former spy boss Billy Masetlha will proceed, the Hatfield Community Court in Pretoria ruled on Thursday.
The court dismissed Masetlha’s application for discharge at the close of the state’s case. Magistrate Dreyer van der Merwe said after considering all evidence presented so far, Masetlha had a case to answer.
Masetlha is accused of withholding information from the Inspector General of Intelligence, Zolile Ngcakani.
Earlier in the day, the state argued there was enough evidence in the case to refuse Masetlha’s application for a discharge.
Presenting closing argument, prosecutor Matric Luphondo said the evidence of state witnesses had been reliable, credible and honest.
”They showed no animosity towards the accused when giving the evidence,” he said.
Witnesses included Nokuthula Motswane, who was the office manager when Masetlha was director general of the National Intelligence Agency (NIA), Ngcakani himself, and the chief operating officer in the office of the inspector general of intelligence, Imtiaz Faizel.
Masetlha’s defence argued that the Intelligence Services Oversight Act did not make it a crime to withhold information.
Defence attorney Neil Tuchten said Ngcakani was entitled to ask questions, as the Constitution allowed, but that witnesses may refuse to reply.
”The fact of not answering a question is not a criminal offence,” he said.
The court also heard that Masetlha was the victim of a political conspiracy.
Tuchten said because of this belief, the accused feared that by providing the information required, the conspiracy would be carried out.
Luphondo countered this, saying the allegations were just hearsay and unsubstantiated.
Luphondo also denied that the charge against Masetlha did not disclose an offence.
Luphondo further added that the inspector general had given Masetlha an opportunity to provide the information he wanted. He said that while the accused said he was willing to cooperate fully, the desired information was not given.
Masetlha is accused of contravening the Intelligence Services Oversight Act by withholding evidence from the inspector general about the surveillance of businessman Saki Macozoma.
The case is set to continue from September 11 to 14.
Critical to the investigation
In 2005, Macozoma found out that he was under surveillance and told Intelligence Minister Ronnie Kasrils about this.
State witness Faizel was part of a task team investigating why Macozoma was placed under surveillance.
Faizel said the team was tasked with investigating these allegations.
As Masetlha was part of the top management in NIA, he was requested to provide the team with information as to who authorised the surveillance into Macozoma.
Faizel said the team learnt, through interviews from management, that Masetlha had personal information that Macozoma and a foreign spy had met before and knew each other.
Faizel said this information was critical to the investigation, and Masetlha was asked to put it in writing.
After a series of letters between Masetlha and the NIA, Faizel said it was decided that Masetlha should be interviewed as the information they required was not forthcoming.
In turn, Masetlha wanted access to his office at the NIA without supervision and requested that lawyers be present at his interview.
Faizel said the interview never took place as Masetlha’s conditions were denied because of security concerns, he said.
The court also heard that Masetlha called the investigation against him ”unlawful”.
Faizel said Masetlha’s actions were ”evasive tactics” as the provisions of the oversight, under which Masetlha was being investigated, were clear and could not confuse anyone. — Sapa