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Legalbrief   |   your legal news hub Sunday 14 December 2025

New tapes show ANC tried to manipulate justice

A report in the Sunday Times says what it describes as new 'spy tapes' prove politicians tried to manipulate high-profile prosecutions of senior ANC figures weeks before the party's 2007 elective conference in Polokwane.

It notes 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. The report notes that 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 National Police Commissioner 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, says the Sunday Times.

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. The report runs several excerpts from 35 of the taped conversations. Full Sunday Times report (subscription needed)

It was not 'political interference' and he would do the same thing again in similar circumstances, De Lange said yesterday, according to a report in The Mercury. The ANC MP said his discussion with McCarthy in 2007 about the plea bargain struck with convicted drug dealer Glenn Agliotti had been 'in the public interest'. 'If it came up again I would handle the issue the same way,' De Lange said. At issue for De Lange was a report received by the Justice Minister at the time that the deal struck with Aggliotti would allow him to walk free - while the prosecution of former national police commissioner Jackie Selebi would proceed. De Lange said Mabandla had delegated him to deal with the matter. 'It was a legitimate report and we were fully entitled to discuss it with them,' De Lange is quoted as saying yesterday. 'It was not in the public interest to let Aggliotti walk. 'She (the Minister) said they're coming to see me this afternoon, find out if it is true.' The report says the extent of the political pressure on the NPA over Selebi is clear. It quotes a source close to the Selebi investigation as saying it was 'too generous' to suggest that Mbeki and Mabandla wanted both Aggliotti and Selebi prosecuted. The source reportedly suggested that prosecuting Aggliotti would mean there would not be enough evidence to successfully do the same to Selebi, who was convicted of corruption in 2010 after Aggliotti testified to paying him bribes of more than R1.2m. Full report in The Mercury (subscription needed)