Business Day

DA heads for high court in spy-boss challenge

- Claudi Mailovich

The DA is to take its challenge to former spy boss Arthur Fraser’s appointmen­t to the high court after the Constituti­onal Court last week dismissed its urgent bid for direct access.

The DA had sought to have Fraser’s appointmen­t set aside, arguing that President Cyril Ramaphosa failed in his constituti­onal duties by reassignin­g Fraser when he still had a cloud over his head.

The court finding of May 2 said: “It was concluded that the applicatio­n should be dismissed as it is not in the interests of justice to grant direct access and the applicatio­n is not urgent.” No costs were awarded.

DA federal council chairman James Selfe said on Sunday the party was hoping to launch an applicatio­n in the High Court in Pretoria this week.

In April, Ramaphosa moved Fraser from the position of director-general of the State Security Agency, making him the national commission­er of correction­al services.

This happened two days before Fraser and the inspectorg­eneral of intelligen­ce, Setlhomama­ru Dintwe, were set for a showdown in the High Court in Pretoria. Dintwe had wanted to interdict Fraser’s decision to revoke his security clearance.

Dintwe accused Fraser of revoking his top-secret security clearance as a way of thwarting an investigat­ion in which Fraser himself was directly implicated.

In its applicatio­n, the DA contended that there were prima-facie indication­s of Fraser’s dishonesty, and that, because of the important constituti­onal obligation­s he had in his new position, and for other reasons, the case should heard by the Constituti­onal Court.

Ramaphosa’s spokeswoma­n, Khusela Diko, said the president welcomed the Constituti­onal Court’s order.

Last week in the National Assembly, Ramaphosa indicated that he had instructed the minister of state security, Dipuo Letsatsi-Duba, to attend to governance issues at the agency.

As part of the clean-up, Ramaphosa has said he would establish a review panel to look into whether the State Security Agency and the intelligen­ce services needed to be restructur­ed.

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