The information that the witness is required to disclose is privileged and classified and is not compellable
Yesterday the Minister of State Security, Siyabonga Cwele and the Director-General of the State Security Agency, Mzuvukile Maqetuka brought an application against the State to object against the testimony of Barry Gilder.
Gilder, the Coordinator for Intelligence from 2005 to 2007, was subpoenaed by the State to testify on the existence of a top-secret document, called the National Intelligence Estimate, compiled in 2005.
The NIE report was allegedly shown to convicted druglord Glenn Agliotti by Selebi. The report, intended for former president Thabo Mbeki, allegedly contains a paragraph in which businessman Jurgen Kogl alleges there were “persistent allegations of money flowing out of JCI to then commissioner (Selebi).”
The application, which includes two affidavits from Cwele and Maqetuka, was presented to court by the State Security’s legal representative, Advocate Maruma Moerane, the Judicial Service Commission spokesman.
Moerana addressed Judge Meyer Joffe: “Our submission in a nutshell is that the information that the witness is required to disclose is privileged and classified and is not compellable.”
Cwele’s affidavit states: “I have personally considered the matter and, in my opinion, it affects the security of the State and that disclosures of the draft National Intelligence Estimate will prejudicially affect the security of the State.”
Arguments against the application will be heard from the State’s chief prosecutor, Gerrie Nel today.
Selebi is facing charges of corruption and defeating the ends of justice. The state alleges he received R1.2-million in bribes from Agliotti, businessman Billy Rautenbach, slain mining magnate Brett Kebble and "others" in return for "the favour and support of the accused in a range of matters."
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