Hoax+e-mail+probe+draws+scathing+report,+Angela+Quintal,+The+Star

The Star, Johannesburg, August 23, 2006 //Edition 4//
=Hoax e-mail probe draws scathing report=


 * //Parliament's intelligence watchdog cites procedural concerns//**


 * Angela Quintal**

Parliament's intelligence services watchdog body has released a scathing report on inspector-general Zolile Ngcakani's hoax e-mail investigation, but stopped short of explicitly rubbishing his findings.

Concerns raised by the parliamentary oversight committee has left a question mark over the IG report and its credibility, in sharp contrast to the report's universal backing and praise earlier this year from both the executive, security and intelligence chiefs.

The IG found the e-mails - believed to be part of the ANC succession battle and which showed an intelligence service abusing state resources for party political ends - was a hoax.

The parliamentary report, however, must be seen in the context of the current political battle, with key members of the committee understood to be aligned to ANC deputy president Jacob Zuma.

ANC secretary-general Kgalema Motlanthe is among those who believes there is more to the e-mail saga than meets the eye, and despite Ngcakani's findings, was instrumental in initiating an internal investigation into the matter.

The report by Parliament's Joint Standing Committee on Intelligence (JSCI) included Ngcakani's investigations into Project Avani and the NIA's alleged illegal surveillance of businessman Saki Macozoma.

The report will be debated in the National Assembly on September 12.

The parliamentary report follows a complex and time-consuming investigation which included interviews with Intelligence Minister Ronnie Kasrils, Ngcakani and several former and current NIA officials such as axed Director-General Billy Maseltha and his successor Manala Manzini.

The saga has seen several heads roll including Masetlha, his deputy Gibson Njenje, and Bob Mhlanga. Businessman Muzi Kunene and the NIA's former cyber unit manager Funi Madlala face criminal charges.

While the IG's report seemed to blame Kunene for the e-mails, the committee has left the door open to the involvement of others, including foreign spies.

"It is therefore recommended that that investigation continue," the report says.

The JSCI has the IG to give a progress report within three months.

The Ministry of Intelligence was not available for comment, while the IG's office said it would only comment after the debate in Parliament.

Among issues raised, was that the independence of the IG's initial probe into surveillance of Macozoma was compromised.

This was because the original task team included Kasrils' legal adviser, which created "the unfortunate impression that the investigation was not being conducted impartially and independently".

However, after Kasrils was made aware of this, the legal advisor was withdrawn.

The JSCI said it had additional concerns regarding the procedures adopted by the IG throughout his investigation.

"These concerns were motivated by the fact that legal action had been contemplated against the IG and/or the minister by various parties, as a consequence of the investigation."

The report notes that the IG was hamstrung in his investigation, because there was no procedure on how to conduct an investigation of this nature.

While the IG believed he followed fair administrative procedures, the committee found that Ngcakani "was not clear as to the exact administrative procedures to be adopted in the course of the investigations".

It says the lack of a consistent administrative standing when weighing up and assessing evidence was problematic.

However, the committee did note that this was the IG's first major investigation and he had limited staff and resources.

Among the procedural pitfalls, was the IG's failure to personally interview Macozoma, or the ANC official who handed e-mails to the government for investigation.

This was an oversight, the report says. "It should be noted that presently the source of the e-mails and the reasons for the botched surveillance of Mr Macozoma remain unresolved."


 * From: http://www.thestar.co.za/index.php?fArticleId=3404748**

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