One of the witnesses recalled in the case of former spy boss Billy Masetlha on Friday corroborated evidence that the inspector general of intelligence (IGI) was sent a report — which he had asked for — on September 30 2005.
Although Masetlha’s former personal assistant Nokuthula Motshwane could not be in court as she is heavily pregnant, she gave her evidence through a sworn affidavit.
The affidavit was read in the Hatfield Community Court where the former director general of the National Intelligence Agency (NIA) is facing charges of contravening the Intelligence Services Oversight Act by withholding evidence from the IGI, Zolile Ngcakani.
Ngcakani also took to the witness stand and stood by his earlier testimony that he was ”confident” he did not receive a report from Masetlha.
Motshwane and Ngcakani were recalled to testify after new information emerged following Masetlha’s testimony.
The court heard that the IGI’s office signed an acknowledgement of receipt of the report dated September 30 2005.
When asked about this, Ngcakani said he did not deal with receiving documents and that the signature on the receipt of acknowledgement was not his.
”We received lots of letters during the time we had asked for information from Masetlha and it’s very difficult to say which document is which,” Ngcakani said.
He added that he only saw the report later in September this year, after his legal adviser had shown it to him.
Masetlha is adamant that he sent the report to the IGI on September 30 as well as other information the IGI had requested from him.
Motshwane’s affidavit read that according to her knowledge, the IGI received the report on September 30.
She added that she had to be excused at a bosberaad (meeting) to attend to the report for the IGI.
The state and defence will be back in court on November 9 to close their arguments.
An indication of the date of judgement was put forward for November 28 by magistrate Dreyer van der Merwe.
After the court proceedings had ended, Masetlha said he always felt optimistic and hopeful about his case.
”As far as I’m concerned, I gave the IGI all the information he requested; the case has to be judged from there unless there are other motives,” Masetlha said, adding that he was sure justice would be done. — Sapa