Mounting pressure for Fraser
• Inspector-general of intelligence Dintwe says investigation will continue, DA set to challenge his new position
Former spy boss Arthur Fraser is facing mounting pressure on two fronts, as Inspector-General of Intelligence Setlhomamaru Dintwe has indicated an investigation in which he is implicated will continue.
And the DA will “almost certainly” approach the courts to challenge the move to appoint him as national commissioner of correctional services.
On Thursday, State Security Minister Dipuo Letsatsi-Duba set aside Fraser’s decision to revoke Dintwe’s security clearance. A court showdown between Fraser and Dintwe was averted after Letsatsi-Duba sent a letter to Dintwe on Wednesday indicating that Fraser’s decision had been provisionally set aside to allow the inspector-general access to the office so he could continue with his work.
Earlier this week, Fraser was moved from his position as director-general of the State Security Agency (SSA) to that of national commissioner of correctional services, two days before the court battle was due to start.
Fraser had revoked Dintwe’s security clearance in the midst of an investigation in which he was a target.
Dintwe indicated in court papers that allegations against Fraser included that he fraudulently copied the signature of former intelligence services minister Ronnie Kasrils to establish an illegal intelligence programme known as the Principal Agent Network (Pan).
Fraser was also alleged to have improperly awarded tenders and contracts to people associated with his family through Pan. These claims were made in Jacques Pauw’s book The President’s Keepers.
Dintwe has indicated that Fraser’s decision to revoke his security clearance was done to frustrate his investigation of complaints against Fraser and it was “unlawful”. But Brian Dube,
DECISION TO APPOINT FRASER TO CORRECTIONAL SERVICES WAS IRRATIONAL
SSA spokesman, said on Thursday that the minister’s letter indicated Dintwe would still have to be properly revetted, a process acting director-general Loyiso Jafta would facilitate in accordance with the law.
Dintwe said on Thursday that the minister, with Jafta, had confirmed he would be provided with all classified information required for the execution of his functions.
He said he was “grateful” for the intervention and would continue with the execution of his functions. Dintwe said Letsatsi- Duba and Jafta had both given undertakings that they would co-operate with his investigation. However, the courts are not out of the picture as Dintwe will continue with a bid to have sections of the Intelligence Services Oversight Act declared unconstitutional.
DA leader Mmusi Maimane wrote to President Cyril Ramaphosa on Wednesday to demand answers on Fraser’s move to correctional services, including the process followed in appointing him and when the decision was made.
Maimane said the DA believed Ramaphosa’s decision to appoint Fraser to correctional services was “irrational”.
“We are waiting to hear what reasons the president has and that will form the basis of what the review application will be,” Mai mane said.
This was “almost certainly” going to make its way to court, said Maimane.
Ramaphosa had until 4pm on Thursday to provide answers.
Mamaine said the DA could not accept that Fraser was now the national commissioner of correctional services.
Business Leadership SA (BLSA) also took issue with Fraser’s appointment on Thursday, saying it was concerned by the developments.
“We have listened to the strategic considerations that have influenced the changes, but we vehemently disagree. A person facing such serious allegations, and who was found to have limited managerial skills, should not be in charge of a government department at all,” said BLSA CEO Bonang Mohale.
Why was Arthur Fraser, rogue spy boss extraordinaire, not fired outright by the president, but shifted to another department?
Fraser revoked the clearance of Inspector-General of Intelligence Setlhomamaru Dintwe, resulting in a court challenge to the move and the shifting of Fraser from spy boss to prisons boss.
Dintwe’s clearance was reinstated by the state security ministry on Thursday.
Yes, it is amusing to fancy that Fraser’s move to correctional services could be to prepare him for the time he may have to serve after facing allegations of abusing state resources through the Principal Agent Network slush fund, but the explanation is less flippant, and more complicated, than that.
The burning question is: what does Fraser know? The clear answer is that he knows a lot — he was former president Jacob Zuma’s right-hand man for a long time. The scandals during the Zuma presidency implicated a host of individuals, but Zuma was ANC president and his frailties have undoubtedly extended to his party and individuals who were close to him.
The sale of the strategic fuel reserves, exposed by Business Day acting editor Carol Paton, is one example.
Insiders say the Central Energy Fund (CEF) was instructed by newly appointed Energy Minister Jeff Radebe to nullify the contract pertaining to the sale, but a few days after this instruction was issued, another followed. The second was to “negotiate” the state’s way out of the contract.
It was a backtrack from Radebe’s initial hardline stance.
The relevance of the CEF saga is that it is but one example of irregularities committed during the Zuma era that may still come back to haunt the ANC, which is acutely aware of this threat.
While Zuma was the driver for the past nine years and is therefore ultimately responsible for the direction that was taken, the ANC was the vehicle, and it allowed itself to be driven off track.
Fraser probably has insight into much of this, which could explain why he was not axed outright but was shifted to the Department of Correctional Services, where he can presumably exert less influence.
In 2007, in the matter between former president Thabo Mbeki and then intelligence director-general Billy Masetlha the Constitutional Court held that a loss of confidence in the intelligence boss was enough to warrant his removal.
There is legal precedent in the matter, so why would Ramaphosa not remove Fraser outright? After all, he has been a stickler for process thus far.
Consider suspended South African Revenue Service (SARS) commissioner Tom Moyane. After he was suspended, PowerFM reported that he had turned down a settlement agreement. But there have been two settlement proposals since.
SARS sources say he was offered a six-month payout, and then a nine-month payout, and then a 12-month payout.
He has declined them all, and is reportedly demanding vastly different conditions.
Business Day understands that these include recognising that Moyane breached the psychological barrier of R1-trillion in tax collection. However, this does not represent the reality of the revenue shortfall faced by the Treasury and the government.
Ramaphosa has proved to be a stickler for process, as shown by his approach to the state security and SARS issues. This is why there are now reports of alliances being formed between the EFF and the ANC. There is an awareness among the ANC leadership that Julius Malema’s leadership of his party is that of a dictator. Discussions about such an allegiance are still at an early stage.
The discussions have largely been between the ANC and members of the EFF senior leadership, instead of Malema.
There are also more ardent discussions about the possibility of calling an early election.
This has now become an issue of dispute between the main ANC factions. The Zuma faction wanted an early election to illustrate the failures of a Ramaphosa presidency, which they expected would be the case even before his electoral victory at Nasrec.
Now the current state and ANC president is inclining towards an early election to ride on his recent accomplishments, such as staving off a credit rating downgrade.
An early election therefore remains a distinct possibility, although it is by no means guaranteed that it will deliver what the different factions believe it will.
ZUMA WAS ANC PRESIDENT AND HIS FRAILTIES HAVE UNDOUBTEDLY EXTENDED TO HIS PARTY AND INDIVIDUALS WHO WERE CLOSE TO HIM RAMAPHOSA HAS PROVEN TO BE A STICKLER FOR PROCESS, AS SHOWN BY HIS APPROACH TO BOTH THE STATE SECURITY AND SARS ISSUES