The Spy Tapes 1 |
Publication |
Sunday Times |
Date | 2012-11-04 |
Reporter |
Mzilikazi Wa Afrika, Rob Rose, Stephan Hofstatter |
*1
In 2007, ahead of the ANC Polokwane
conference that elected Jacob Zuma ANC
president, the intelligence services tapped the
phone of Leonard McCarthy, the head of the
Scorpions Directorate of Special Operations.
McCarthy was overseeing criminal investigations
into Zuma and the then-police commissioner,
Jackie Selebi.
In April 2009, the acting prosecution boss,
Mokotedi Mpshe, released excerpts of some of the
taped conversations, which he said proved the
Scorpions pursuing charges against Zuma for 783
payments he received was “politically motivated
”.
The NEW “spy tapes” revealed by the Sunday Times
for the first time today prove politicians tried
to manipulate high-profile prosecutions of
senior ANC figures weeks before the party’s 2007
elective conference in Polokwane.
These revelations come amid a fierce battle by
President Jacob Zuma’s legal team to keep the
full collection of spy tapes secret, sparking
speculation that they contain embarrassing
details that could jeopardise his chances of
being re-elected as ANC president at Mangaung.
Recordings of 35 phone calls between Scorpions
boss Leonard McCarthy, other NPA top brass
including Willie Hofmeyr, former prosecutions
head Moketedi Mpshe, Vusi Pikoli and Bulelani
Ngcuka as well as former deputy minister of
justice Johnny de Lange, detail extensive
attempts at interference by the government of
former president Thabo Mbeki in the prosecution
of former top cop Jackie Selebi.
Although news of the existence of the tapes
broke in 2008, this is the first time their
contents have been released. These are not the
recordings that apparently led to charges
against Zuma being dropped, but are understood
to be from the same surveillance operation.
In one conversation, Hofmeyr expresses his
dismay to McCarthy over Mbeki suspending Pikoli
in September 2007, after Pikoli refused to drop
charges against Selebi. Hofmeyr says the NPA
must stand firm to give the “indication that
we’re not backing down”.
McCarthy describes the events as “outrageous ”
and says: “I wonder whether [Mbeki and then
justice minister Brigitte Mabandla] understand
the implications of what they have done.”
He adds that Zuma
“must be rubbing his hands” with glee.
Moketedi Mpshe was appointed in Pikoli’s
place.
The tapes make clear that with Pikoli out of the
way, there was an intense effort by Mbeki to
force the NPA not to accept a deal with druglord
Glenn Agliotti that would have left Selebi open
to prosecution but protected Agliotti with the
plea bargain.
On September 24 2007, Mpshe tells McCarthy he
met Mbeki and Mabandla. When McCarthy asks what
the politicians’ expectation was, Mpshe replies:
charges were dropped, and a few weeks later, the
opposition Democratic Alliance went to court to
get access to all the spy tapes.
In April this year, the appeal court ruled that
the taped conversations must be released so that
the decision to drop the charges could be
subjected to judicial review.
To date, the NPA and Zuma's lawyer, Michael
Hulley, have failed to hand the tapes over,
prompting a second court challenge by the DA.
Today we bring you excerpts from 35 of the taped
conversations to which the Sunday Times
investigations team has been given full access.
Mokotedi Mpshe, former acting head of the
National Prosecuting Authority
‘[ Mbeki] was just harping on the state
security, and the timing [of Selebi’ s arrest].
Though timing not so explicitly, but you could
infer. And I know that timing refers to
November/December [Polokwane] ’ on his meetings
with Mbeki over Selebi “It was not in such clear
terms, especially the president. He was just
harping on the state security, and the timing.
Though timing not so explicitly, but you could
infer. And I know that timing refers to
November/December [Polokwane].”
Mpshe adds: “I can’t say to the president, ‘ Go
to hell’ .”
That same day, Ngcuka tells McCarthy: “[ Mpshe]
was told last night that the issue is not just
about this case about Jackie. The president says
he can’t understand why don’t you charge Jackie
and Glen Agliotti together.”
But perhaps the biggest pressure placed on the
NPA came from De Lange, who told McCarthy it was
“madness” to charge Selebi without charging
Agliotti at the same time.
“No wonder the president is angry,” he says.
“This is a gangster who has murdered people
how can we give him a suspended sentence? You
know what message we send to criminals? Leonard,
I hear what you ’ re saying, but there mustn’t
be an agreement like that.”
De Lange says that if this is political
interference, “I think people will say, Thank
God for political interference.”
These recordings do not contain the comments
made by Ngcuka to McCarthy that were apparently
relied on by Mpshe to drop the charges against
Zuma. But they are still likely to raise
questions about why Zuma was let off, yet Selebi
jailed for corruption despite evidence
politicians tried to interfere in his
prosecution too.
This week, Pikoli confirmed to the Sunday Times
that he came under pressure from Mbeki to quit,
but resisted. “I refused to take orders from
politicians . . . We had very difficult times
when we were investigating Jackie. We were being
monitored and intercepted by crime
intelligence,” he said.
Mpshe claimed this week he was “not aware about
any outside interference in the cases of Jackie
Selebi and Jacob Zuma. There was no interference
at all. I can’t comment on why we dropped the
Zuma cases. The matter is sub judice as the DA
has taken the matter to court”.
In April 2009, however, he justified dropping
the corruption charges against Zuma because of
McCarthy’s discussions with Ngcuka, which he
said suggested political interference.
These recordings show McCarthy was aware that
his discussions with Ngcuka could spell trouble.
When it is suggested that the prosecutions team
meet Ngcuka, McCarthy says on one of the tapes:
“If he’s drawn slap bang into this thing, then
it’s conspiracy theories and all that shit
again. I can do without that.”
Yesterday, De Lange said his conversation was
“in terms of the law and in the execution of my
responsibilities as deputy minister”.
“I expressed our shock and confusion, and
indicated that the
right thing to do was to prosecute all of the
implicated persons together to the full extent
of the law,” he said.
With acknowledgement to Mzilikazi Wa Afrika, Rob Rose, Stephan Hofstatter and Sunday Times.
*1
As I've said, there was no actual interference
in this matter.
The investigations were done by the DSO under
Senior Special Investigator Johan du Plooy and
Special Investigator Isak du Plooy and the
indictment was drawn up by National Prosecution
Service advocates Deputy Directors William
Downer SC and Anton Steynberg.
None of these upstanding persons are even
mentioned in any of the shenanagins that went on
over the cellphones.
The NDPP had formally decided to prosecute and
the indictment had already been served. Only an
arrest was outstanding.
I think that SSI du Plooy and his team would
have effected the arrest.
The twerp McCarthy only got involved in
discussing the timing of the arrest.
That is not interference in an investigation.