Independent Media wants intelligence report on ANC declassified

INDEPENDENT Media is forging ahead with its legal battle against the State Security Agency (SSA) where it is fighting to get a suspiciously classified intelligence report declassified and laid bare for its readers.

The report’s content, which cannot be fully disclosed since the matter will be heard in chambers at a Pretoria court next Tuesday, was allegedly compiled by Central Intelligence Agency (CIA) spies based at the US embassy in Pretoria.

It was later shared with the SSA before concerned sources leaked it to the Daily News.

When the Daily News asked questions about it in December last year, the SSA dashed to court and successfully obtained an interim interdict. The case is now heading for a hearing after all parties filed their papers.

The report shows how the US was able to infiltrate the ANC using certain leaders. As a result, the US was able to use the leaders to change policy direction in favour of the US.

In its papers, the SSA’s deputy director-general, Welcome Simelane, advances reasons why Daily News journalist Thabo Makwakwa and Independent Media should hand back the report. He argues that the sharing of the intelligence was part of a broader collaboration with the US and if such a report was made public, their working relationship would be compromised.

“It implicates certain high-profile South African politicians in co-operating with the USA, and specifically deals with the USA’s involvement in causing conflicts and instabilities in the African National Congress (the ANC as the ruling party), the functioning thereof, the different factions therein, who belongs to which faction and which members of the ANC pose a threat to the USA interest in South Africa…

“…the disclosure of which… may seriously compromise the peace and well-being of the people of South Africa, because it may cause civil unrest, as happened during the July 2021 uprising and subsequent loss of life and severe damage to property and infrastructure… damage the relationship between the USA and the Republic of South Africa and endanger the lives of the people mentioned in the report,” he stated in his affidavit.

Furthermore, he argues that Independent Media and its journalists are not authorised to be in possession of such a report.

In his responding affidavit, Makwakwa argued that the reason for the classification of the report was nefarious.

“I accept that the state has the authority to classify documents, but understand that it may only do so in furtherance of its duties to preserve the peace, secure the well-being of the people of South Africa, maintain national security, defend, and protect the Republic of South Africa, to establish and maintain intelligence services and to prevent combat and investigate crime.”

He added that classification of information by the SSA must be done within the policy known as the Minimum Information Security Standards (MISS).

“The MISS allows for four different classifications. However, before it describes the different classifications, it expresses a particularly important cautionary that: ‘It is necessary to constantly guard against both the over-classification and the under-classification of information. Misuse of classifications can result in the system being treated with contempt. The consequence will be carelessness with respect to the security system’.”

Makwakwa further argued that the classification had everything to do with ANC factional battles and the SSA’s dubious involvement.

“Before I comment on this report with reference to the different sections listed in the contents page, it bears mentioning that the heading of the document is ‘Interest in ANC party dynamics’.

“It will become clear that the SSA has utilised valuable resources in order to involve itself in the internal contest within the ANC.

“The report has nothing to do with state security and everything to do with factional in-fighting within the ANC… The report was thus not drafted in furtherance of the legitimate objectives of the SSA.

Commenting on the matter, the editor of the Daily News, Ayanda Mdluli, said the issue had become bigger than the court action, classification or declassification of the top secret report.

He said the issue had become one of public interest and media freedom.