The Pretoria Commercial Crimes Court on Thursday dismissed fraud charges against former National Intelligence Agency (NIA) boss Billy Masetlha arising from the hoax-email scandal of 2005. Charges against his co-accused, former IT manager Funi Madlala, and former intelligence agent Muzi Kunene, were also dismissed.
The emails in question had purported to implicate allies of former president Thabo Mbeki, the National Prosecuting Authority, former DA leader Tony Leon and the media in a plot to discredit then deputy president Jacob Zuma.
They were intercepted by the NIA under Masetlha’s watch. He, Madlala and Kunene were accused of fabricating the emails and the trio were charged with fraud.
Former intelligence minister Ronnie Kasrils testified against the three last year, but the state failed to produce further witnesses at Thursday’s hearing. Masetlha’s attorney, Imraan Haffegee, told the Mail & Guardian that an application was brought for the dismissal of all charges against Masetlha.
He added that the state’s lawyers conceded that they had not proven their case against the former spy boss, who now serves on the ANC national executive committee.
Magistrate Dawie Jacobs dismissed all charges against Masetlha and his co-accused.
“It’s a relief. However, it has left me disorganised after three-and-a-half years of persecution,” said a tired-sounding Masetlha. He attributed his “persecution” to “plotting” by some individuals within the ANC for the fulfilment of “narrow political interests”.
He vowed to continue serving the ANC in a full-time capacity as a grass-roots operator.
The ANC has welcomed Masetlha’s acquittal. “The ruling restores our confidence in the rule of law, the Constitution and the independence of the judiciary, which the ANC will always uphold, advance and defend,” it said in a statement on Thursday.