Chaos in spy agencies revealed

Parliament’s intelligence watchdog report describes a State Security Agency ’in crisis’

THE veil of secrecy over South Africa’s spy agencies has been lifted following the release this week of a batch of reports by parliament’s intelligence watchdog body. The reports detail, among other things:

How State Security Minister Siyabonga Cwele’s “extremely busy schedule” affected his “overall duties and responsibilities”;

That various key intelli- gence offices around South Africa were burgled in a matter of days in what is described as “unsophisticated common criminal acts”; and

How a sheriff of the court was called in to evict the deputy principal of the intelligence training academy.

The reports, submitted by parliament’s joint standing committee on intelligence, which always meets behind closed doors, became public only after much lobbying from some MPs as well as the speaker of parliament, Max Sisulu. They cover the period between 2010 and 2012, during which the three top spy bosses — Mo Shaik, Jeff Maqetuka and Gibson Njenje — all resigned. — Jan-Jan Joubert

A REMARKABLY candid report published by parliament’s intelligence watchdog body this week has exposed the wideranging abuse and illegal conduct in the year during which three top spy bosses resigned.

It describes a State Security Agency “in crisis”.

Some of the revelations in the 127-page document submitted by parliament’s joint standing committee on intelligence, which always meets behind closed doors, include:

Thousands of South Africans probably had their telephone and cellphone calls and e-mails unlawfully intercepted without the required checks, balances, documentation or permission;

State Security Minister Siyabonga Cwele’s “extremely busy schedule” affected his “overall duties and responsibilities”; and

Details about the effect of Major-General Richard Mdluli’s controversial tenure as head of crime intelligence.

The information was published by parliament on Thursday, for the first time. This means it was vetted by the security apparatus and is a freely available public document.

It contains the committee’s annual report for 2010-11 and 2011-12. Last year’s report, legally due by May last year, has still not been tabled.

The report shows how National Assembly speaker Max Sisulu and other MPs had to fight to make the reports public — the only legal way for taxpayers to monitor what intelligence agencies do with the billions of rands they get.

Perhaps the most shocking part of the report is the input from Judge JAM Khumalo, who was designated to deal with interception requests. He sets out the importance of constitutionality when considering whether to grant interception requests to combat crime.

In all, 887 requests were legally granted, almost threequarters of which were to the

I’m delighted we have finally managed to crowbar the annual report out of the committee

police. He considered the number to be reasonable, given the size of the population.

But it is clear from Khumalo’s 10 pages that provisions for emergency interceptions were used to justify not seeking an order from a judge in the past.

There are meant to be supporting documents, including an affidavit from cellphone networks and other service providers, detailing how the interception was done and a full transcript must be provided.

Khumalo named cellphone giant MTN for not having submitted any such documents.

According to Khumalo, no fewer than 3 217 such interceptions were undertaken by the police in 2011-12. Although the police fully complied in 2011-12, the documents were never requested before that period. This created a loophole for abuse.

The details provided in the report about Mdluli’s tenure basically corresponded with what emerged before the High Court in Pretoria last year.

It confirmed that there was a lack of sound financial management in crime intelligence.

The report stated that the “the vetting of officials in the security cluster” remained an ongoing problem.

The committee recommends vetting take place before a position is filled and that vetting processes be standardised.

The report provides scant detail about the bizarre removal of the deputy principal of the State Security Agency’s training academy. “The sheriff of the court evicted the deputy since he refused to leave voluntarily following a court order,” the report said.

Democratic Alliance MP David Maynier said the committee had gone rogue and for years it had failed to submit annual reports to parliament.

“I’m delighted we have finally managed to crowbar the annual report out of the committee.”

But, he said, the committee “provide[s] a terrifying snapshot” of what appeared to be a largely dysfunctional national intelligence structure.

“There’s more Johnny English than James Bond in the annual reports,” he said.

Attempts to reach Department of State Security spokesman Brian Dube failed.