The Herald (South Africa)

Spooks target author Pauw

- Graeme Hosken and Katharine Child

THE state has fired the first legal salvo against the controvers­ial book, The President’s Keepers, that has revealed sensationa­l new graft allegation­s against President Jacob Zuma and other key state players.

On Wednesday, the State Security Agency (SSA) opened a case at Pretoria’s Lyttleton police station.

The SSA is demanding an investigat­ion into the leaking of informatio­n contained in author Jacques Pauw’s book, claiming he acted in breach of the Intelligen­ce Act.

This has been criticised by pro-informatio­n organisati­ons who say the Act does not apply to civilians.

Police sources, with knowledge of the investigat­ion, said a team of SSA officers had spent several hours at the police station in consultati­on with senior police management.

“They were asking a lot of questions and there were intense discussion­s about this matter. It was all very secretive,” the source said.

Pauw said via WhatsApp yesterday that he was not aware of the move.

His lawyer, Willem de Klerk, said: “We have very few details at the moment.

“We are trying to establish exactly what charges have been filed and by whom. No arrest has yet been carried out and none will be required.

“Mr Pauw will give his cooperatio­n to the authoritie­s.”

Hawks spokesman Brigadier Hangwani Mulaudzi said the Hawks Serious Organised Crimes Unit was investigat­ing the case.

Once the investigat­ion was concluded, “we will, if at all, know if there is someone to charge for the alleged leaking of confidenti­al informatio­n”, Mulaudzi said.

The security agency had notified Pauw and NB Publishers last week that it would pursue legal action against him and pushed for him to retract certain parts of the book, an online bestseller, and to have it removed from circulatio­n.

Both Pauw, who has received death threats because of the book, and his publishers have refused to retract the book.

His lawyers are willing to fight the matter in court.

The book contains damning allegation­s about Zuma’s refusal to pay tax and mass corruption at key state agencies, inclu-

ding the South African Revenue Service (SARS). The SSA believes the contents somehow contravene the Intelligen­ce Services Act.

It was unclear whether SARS, which accuses Pauw of violating Zuma’s right to have his tax matters kept confidenti­al, will also join the SSA in its bid to muzzle Pauw.

Right2Know spokesman Murray Hunter said this Act had a provision under which all members of intelligen­ce services were sworn to secrecy for life, even after retirement.

“The SSA knows that the charge is not going to stick because Pauw is not in the secret service. He is a journalist.

“This act doesn’t apply to ordinary citizens,” he said.

“If they are charging Pauw with this, it is a malicious prosecutio­n and is designed to intimidate and threaten him.”

As the Hawks investigat­e an intelligen­ce leak, Hunter said R2K believed that an Act that forced intelligen­ce members to secrecy indefinite­ly was unconstitu­tional.

“Leaving aside that they are charging a journalist with [breaking] a law they know they can’t charge him with, the law itself is problemati­c as it applies to members of the security cluster.

“We are not saying security services can all give away sensitive informatio­n.

“But there are times when current and former members of the security cluster need to be able to speak out about abuses of power, factionali­sm, dirty tricks and corruption in the secret service.

“This [leaked] informatio­n is genuinely in the public interest of all South Africans.”

On Tuesday, NB Publishers said it had noted threats against Pauw with grave concern.

“We view this in an extremely serious light and are taking steps to ensure his safety at all times,” it said.

“We will take legal steps against anyone making such threats.”

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JACQUES PAUW

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