Publication: The Star Issued: Date: 2003-11-07 Reporter: Sapa

Parliamentary Committee Blasts Hefer Over Subpoenas

 

Publication 

The Star

Date 2003-11-07

Reporter

Sapa

Web Link

www.thestar.co.za

 

Parliament's joint standing committee on intelligence has lambasted the Hefer Commission for subpoenaing the intelligence agencies.

Chairperson Dr Siyabonga Cwele said after a committee meeting - normally closed to the media and others - that they welcomed the commission's appointment.

However, the committee viewed with serious concern the issuing of subpoenas to the intelligence and security services, compelling them to provide classified and/or sensitive information that "will purportedly serve the commission's purpose".

Ignoring the provisions of the law relating to national security to satisfy the objectives of the Hefer Commission would have serious consequences for South Africa, both domestically and internationally, Cwele said.

Last week, retired judge Joos Hefer's commission announced it had decided to subpoena the intelligence agencies for information. Commission secretary John Bacon said the heads of the various agencies would be summonsed to testify before the commission.

The subpoenas would also force them to submit all relevant documents in their possession to aid the commission's investigation.

The commission said it needs intelligence documents to either prove or disprove allegations that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid-era spy.

The judge's decision followed a hardline stance by the intelligence community in response to the commission's request for documentary evidence.

Advocate George Bizos SC, on behalf of the intelligence community, told the commission it was not entitled to blanket permission to disclose protected information.

Cwele said it was a universally accepted principle that information in the possession of the intelligence services could not be made public.

"This includes especially the names of sources, agents, operatives and identities of members," he said.

He said the joint standing committee on intelligence therefore supported the intelligence services' position as presented to the commission.

"We believe the intelligence and security services should not be embroiled in this matter. Those who have brought the matter into the public domain should provide the basis for their allegations to be tested by the commission without causing databases and files of the intelligence and security services to be inspected at a great risk to the constitutional mandate of these structures," Cwele said.

With acknowledgements to Sapa and The Star.