'Probe SA's CIA ops'

Former president Thabo Mbeki and his then security-cluster ministers could be hauled before the International Criminal Court over claims South Africa facilitated CIA "black operations''.

The move comes less than a week after the release of the US Senate intelligence committee report into the CIA's clandestine operations involving torture and renditions of terror suspects.

Although in the 6 000-page committee report the names of the countries that assisted the CIA have been blacked out, the Open Source Foundation lists South Africa as one of 54 countries involved.

Eleven of the countries it identifies are in Africa, including Malawi, where at least five terror suspects were reportedly arrested.

The committee's report states it was true that the CIA, "and the US government as a whole, called on allies and friends after 9/11 to assist in the fight against international terrorism. Most of those countries approached were willing to host detention facilities on the understanding that CIA would keep their co-operation secret."

Among those identified by the foundation as having been smuggled out of South Africa was Pakistani national Rashid Khalid.

He was taken from his home in Estcourt, KwaZulu-Natal, in 2007 and flown out of Air Force Base Waterkloof, Pretoria, on a private plane.

According to his lawyer, Zehir Omar, he was apparently held in Kenya for five months before being flown to Pakistan, where he was later released.

In 2009, the Supreme Court of Appeal in Bloemfontein declared Khalid's rendition unlawful.

Also to disappear from South Africa was Pakistani national Saud Memon, who was taken to Pakistan in March 2003. Memon was the suspected killer of Wall Street Journal reporter Daniel Pearl.

At the time Mbeki's security cluster was Ronnie Kasrils, minister of intelligence; Nosiviwe Mapisa-Nqakula, home affairs minister; Mosiuoa Lekota, defence minister; and Charles Nqakula, minister of safety and security.

Omar said he would pursue his client's matter at the ICC.

"After Khalid's disappearance I approached the ICC. They told me to exhaust all judicial avenues here. We have done that. The Supreme Court of Appeal ruled his enforced disappearance unlawful. Now, with this report .we are going to the ICC. We want the court to examine this report and the evidence including that of the then government's involvement.

"If there is prima facie evidence [of this] the then president, intelligence minister, home affairs minister and police minister must appear before the ICC. It will only be through this process that the true involvement of the South African government in CIA-enforced disappearances will be learnt."

SA Human Rights Commission commissioner Danny Titus said: "We are dealing with South Africa's UN obligations against torture. We want to know exactly what South Africa is referenced to. We will discuss it with government and if needs be institute an inquiry."

Omar said the ICC had an obligation to pursue criminal charges against all those allegedly involved, including Mbeki and government officials.

Mbeki spokesman Mukoni Ratshitanga failed to respond to queries.

Kasrils said he did not believe "there was a case where we assisted the CIA or others".

He said he became aware of the Khalid matter only after the fact.

"My understanding was that it was linked to the abuse of documents and that home affairs had a case against him.

"I am not sure how he left the country. It was a long time ago. If a person is being deported it doesn't follow that it would be through a civilian airport," said Kasrils.

Defence Department spokesman Simphiwe Dlamini said Khalid would have been flown from the air base at the request of another government department.

Mapisa-Nqakula's adviser, Mike Ramagoma, said they had responded adequately on the matter in the past. "If or when an investigation occurs, the government will respond."

Presidency spokesman Mac Maharaj was unable to comment.

Additional reporting by Ulemu Teputepu