Publication: Independent Online Issued: Date: 2008-03-22 Reporter: Boyd Webb

Yet Another Top Investigator Faces Probe

 

Publication 

Independent Online

Date 2008-03-22
Reporter Boyd Webb
Web Link www.iol.co.za



This weekend the head of yet another embattled security chief seems set to roll as a question mark hangs heavy over the future of Scorpions boss Leonard McCarthy.

The top investigator could find himself facing a full-scale inquiry into his leadership after the National Assembly unanimously supported a recommendation to discipline McCarthy for his role in the Special Browse Mole Report.

Justice and Constitutional Development spokesperson Zolile Nqayi confirmed there was a "good possibility" McCarthy could find himself in the same boat as his suspended boss, Vusi Pikoli, who is currently the focus of the Ginwala Inquiry.

"If we follow the letter of the law then we are definitely looking at a Pikoli-type inquiry," Nqayi said.

'If we follow the letter of the law then we are definitely looking at a Pikoli-type inquiry'

But while Justice and Constitutional Development Minster Brigitte Mabandla has expressed a desire to "attend to the recommendations immediately", Nqayi said it was still too soon to say what her next steps would be.

McCarthy has not been suspended but is spending the Easter weekend knowing this is a good possibility.

It's believed this could be the final straw for McCarthy, who has already expressed a desire to resign within the next few months in order to seek greener pastures abroad.

National Prosecuting Authority spokesperson Tlali Tlali said on Friday that while McCarthy's departure had been rumoured for some time, no formal notification to that effect had been received.

McCarthy was not available for comment. NPA insiders say the Scorpions boss has largely withdrawn himself from his colleagues.

NPA insiders say the Scorpions boss has largely withdrawn himself from his colleagues

On Wednesday, the Joint Standing Committee on Intelligence (JSCI) urged the executive authority to take appropriate action against McCarthy and his subordinates for their involvement in compiling the Special Browse Report and the alleged illegal intelligence gathering it involved.

According to Section 12 of the NPA Act (1998), a deputy national director like McCarthy may only be provisionally suspended from his office by the president, pending an inquiry into his fitness to hold office or for "misconduct".

If McCarthy is suspended then President Thabo Mbeki has to alert Parliament within 14 days of such action. If Parliament is not in session because of the Easter break, the president must then alert the House to his decision within 14 days of MPs returning to their benches.

Parliament then has 30 days in which to concur or disagree with the decision.

McCarthy is not likely to find many friends on ruling party benches after he raised their hackles last year when it was rumoured that he and other NPA bosses met to decide on how best to woo the ANC into retaining the Scorpions.

This was after the party's June policy conference called for the Scorpions to be disbanded - a resolution that was adopted at the ANC's December conference.

The ANC expressed outrage with the NPA's apparent desire to manipulate the party for the unit's interests.

Many within the ANC and broader alliance have been suspicious of the Scorpions, believing them to have been used as a tool by Mbeki in his fight for dominance over archrival Jacob Zuma.

Zuma's victory in Polokwane, where he succeeded Mbeki as party leader, sounded the death knell for the Scorpions, who are now on death row until their final disbandment, planned for June.

McCarthy and his unit are, however, but the latest in a string of security chiefs who have left office, many having fallen victim to the country's political wrangling.

Mbeki suspended Pikoli last year due to an "irretrievable breakdown" in his relationship with his political boss, Mabandla.

Mbeki also fired former spy chief Billy Masetlha in 2006, who along with National Intelligence Agency electronic surveillance manager Funokwakhe Madlala stood accused of being involved in the hoax e-mail saga.

Masetlha was acquitted for not co-operating with the Intelligence inspector general but he is still facing fraud charges.

At the time, Police Commissioner Jackie Selebi described the hoax e-mail saga as "mischief of the highest order" which "undermined the security of the state".

Ironically, Selebi's turn came earlier this year when he, too, was forced to step down pending an investigation by the Scorpions into his alleged underworld dealings.

Other who left their posts early include Defence chief Siphiwe Nyanda, now a key Zuma ally, and intelligence co-ordinator Barry Gilder.

* This article was originally published on page 10 of Cape Argus on March 22, 2008

With acknowledgements to Boyd Webb and Independent Online.

Another jackass bites the dust.