Spy plot: 'Mbeki's hand exposed'

01 April 2015 - 02:56 By Graeme Hosken and Shaun Smillie

An explosive affidavit filed by the National Prosecuting Authority has revealed the alleged use of private British spies and the direct involvement of former president Thabo Mbeki in the planned downfall of President Jacob Zuma. Advocate William Hofmeyr, deputy national director of Public Prosecutions for the NPA and head of the Asset Forfeiture Unit, filed the affidavit yesterday in the Pretoria High Court.The affidavit is in response to the DA's court bid to have former director of Public Prosecutions, Mokotedi Mpshe's decision to overturn the prosecution of Zuma, declared null and void.In 2009, after the now infamous Zuma spy tapes emerged, Mpshe declined to prosecute the president, citing that he was doing so because of political interference.In his affidavit, Hofmeyr revealed how Leonard McCarthy - the then head of the directorate of special operations (the now defunct Scorpions) was used as a "proxy" by former national director of Public Prosecutions Bulelani Ngcuka in directing the Zuma prosecution, "and possibly other prosecutions and investigations"."It was Ngcuka working with others and not McCarthy who ultimately decided to prosecute Zuma."Hofmeyr says his investigations show that McCarthy met regularly with former intelligence minister Ronnie Kasrils "at critical points before and after the Polokwane conference, spoke in guarded terms and was careful not to reveal too much over the phone".He added that it appeared from the text of their conversations that "Kasrils acted as a conduit for McCarthy to communicate with Mbeki without arousing any suspicions".Hofmeyr says McCarthy also communicated with Andre Pienaar, a London-based employee of Kroll and Associates - a private intelligence company."Both Kasrils and Pienaar were close to Mbeki."He said McCarthy's communication with the two were at critical points during the Zuma investigation."Coupled with tone and content, discussions demonstrate how closely McCarthy identified with Mbeki's political aspirations."He says it showed McCarthy was "willing to discuss sensitive NPA investigations with them and take direction on what to do".Hofmeyr describes how Mpshe, who based his decision to drop the charges on the taped conversations between McCarthy and Ngcuka, was shocked at the "cavalier tone and light-hearted manner in which McCarthy and Ngcuka appeared to regard the NPA as merely a political tool at the disposal of the Mbeki administration"."Recordings show McCarthy had daily contact with Ngcuka and others close to Mbeki and shared confidential details of the Zuma prosecution such as the timing of the prosecution and the content of NPA court papers before they were filed," Hofmeyr's affidavit reads.He added that McCarthy had changed the content of the NPA's affidavit "at Ngcuka's insistence".Hofmeyr said McCarthy ensured the prosecution was delayed and that he did so for "one reason only. To bolster Mbeki's chances of successfully defeating Zuma"."McCarthy used the legal process and his statutory powers for ulterior and illicit purposes."Nothing justified Ngcuka's involvement ... that was intended to neutralise Mbeki's only serious opponent."Hinting that Mbeki had told Zuma he would not be prosecuted if he resigned, Hofmeyr states: "It is obvious that the deal he helped implement was intended to benefit Mbeki."Most likely Ngcuka accepted the deal at the insistence of Mbeki.""McCarthy told me it was our duty as senior public servants to assist Mbeki."In other words, we should do everything we could to ensure Mbeki was successful at Polokwane," Hofmeyr said.He said it was clear to Ngcuka that McCarthy was the only one who could "save this country from its madness".Kasrils denied that he was a conduit between McCarthy and Mbeki."That is pure conjecture. He would be hard put to prove that in any court of law."The DA's James Selfe said from its preliminary view of the NPA's answering affidavit, charges should be reinstated without further delay.Attempts to reach Mbeki and Ngcuka for comment were unsuccessful...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.