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M&G editor denies it has commission document

Publish date: 17 October 2005
Issue Number: 1443
Diary: Legalbrief Today
Category: Corruption

The in-fighting in law enforcement agencies over the deployment of the Scorpions may result in criminal action against a newspaper.

The Mail and Guardian newspaper is accused of being in possession of a leaked confidential written submission by Intelligence Minister Ronnie Kasrils to the Khampepe Commission and of possible contravention of the Protection of Information Act, says a report in the Cape Argus. Judge Sisi Khampepe warned journalists that her commission would stop at nothing in making sure that whoever contravened the Protection of Information Act would be given ‘more than their just desserts’. The Act provides that any person who has a document they know to be prohibited and publishes it without it being in the public interest will be guilty of an offence. The penalty is R10 000 or 10 years in jail or both. But M&G editor Ferial Haffajee said her newspaper was not in possession of Kasrils\' document. She added: ‘The bigger question is how come documents have been granted confidentiality when it is an open commission?’ The newspaper on Friday carried a statement by Kasrils in which he fired a broadside at National Intelligence Agency Director-General Billy Masetlha over the future of the Scorpions. Kasrils wants the Scorpions to remain with the National Prosecuting Authority, while Masetlha wants them to be redeployed to the police. Full Cape Argus report

A radical restructuring of the Scorpions is called for in a written submission to the commission by Mary de Haas, a social scientist. An SABC News report says De Haas has made enemies and friends with her reports covering 20 years of political violence in KwaZulu-Natal. She says it is unacceptable that the unit can have members of the old apartheid guard doing duty. ‘I don\'t think it’s my job to name them publicly and have to defend myself about that. What we need is a thorough vetting of their backgrounds, a thorough security clearance. We\'ve actually got to go into each and every person and check their backgrounds because only people of the highest integrity should be in a unit dealing with organised crime.’ De Haas said. Full SABC News report

The dispute over the future of the Scorpions has revealed sharp divisions within the Cabinet, with Minister of Justice Brigitte Mabandla, Minister of Intelligence Ronnie Kasrils and Minister of Safety and Security Charles Nqakula at odds over the issue. According to the Sunday Times Kasrils wants the Scorpions to remain with the National Prosecuting Authority, but Mabandla – who is responsible for the NPA – and Nqakula want the unit redeployed to the police. Although Kasrils’ submission to the commission remains confidential, the Sunday Times claims it has established from transcripts of the proceedings that he believes the tensions between the National Intelligence Agency (NIA) and the Scorpions could be resolved. This could be done by changing legislation to give the Scorpions an intelligence-gathering capacity. Mabandla and Nqakula seem to agree that the Scorpions should not fall under Mabandla. Nqakula insists that they report to political heads responsible for state security. Full Sunday Times report

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