Captain KGB - witnesses in peril

Several civilians linking top spy cops to cash-in-transit heists had to be whisked into witness protection yesterday after their names were released and a plot around an intricate prison escape was revealed in court.

In a day of high drama at the Sasolburg Magistrate's Court, magistrate Sandra Sujanani ruled that statements taken from six men linking Captain Morris "KGB" Tshabalala and five others to a multimillion-rand cash-in-transit heist be given to their defence team.

Police officers then had to scramble to enter three witnesses into protection programmes because of fears for their safety .

Tshabalala is accused of orchestrating a February cash-in-transit heist in Sasolburg , in which gunmen stole R3-million from a Protea Coin cash van.

Tshabalala, a covert intelligence agent involved in top-secret investigations into threats against the state and President Jacob Zuma, appeared yesterday alongside his colleague Sergeant Willby Molefe and the four other co-accused: Sipho Nkosi, Mapotswe Moloi, Lehlogonolo Tiekelele and Sipho Motsamayi.

The Times revealed yesterday that Tshabalala, whose top-secret security-clearance application is still pending, was being investigated for his alleged role in armed attacks on foreign businessmen and for crimes committed by convicted robber William "King of Bling" Mbatha.

Today The Times can reveal that Tshabalala was convicted of armed robbery in the Pretoria Magistrate's Court in 1994 and sentenced to 10 years' imprisonment. The court ordered he be declared unfit to be in possession of a firearm.

Tshabalala joined the South African Police Service in 2002.

It is believed that, before last week's court appearance, four witnesses were placed in a protection programme, while yesterday another three were moved to safety.

Sujanani said though the state claimed the statements contained the names of suspects and witnesses, "it is clear that the right to the docket is not absolute".

"An accused's constitutional rights are limited in such circumstances . but it is hardly possible for the state to argue that the release of these specific statements will jeopardise the investigation," she said.

It emerged, however, that several of the accused were out on bail for violent crimes, including armed robbery.

Nkosi, known also as Paulus Molefe, is currently out on R25000 bail for house robbery and was under house arrest when he was allegedly involved in a shootout with metro police officers in Tsakane in February, mere days after the heist.

Tshabalala and Molefe insisted their arrests were part of a "political smear campaign" linked to their investigation of disgraced former police crime intelligence head Lieutenant-General Richard Mdluli and his colleague Colonel Nkosana "Killer" Ximba.

Mdluli and Ximba were accused of killing Oupa Ramogibe, the boyfriend of Mdluli's lover in 1999.

Prosecutor Jacques Harrington dismissed their assertion that they were being targeted.

"These claims of political conspiracy are made but where is the proof?

"Nkosi says he was shot at by police, but an attempted murder case was never opened.

"In a previous armed robbery case, which Ximba arrested him for, Nkosi claims he was assaulted [and] threatened with torture and death, but then he withdrew the charge. Why?

"There are never reasons. There is, however, evidence of crimes committed while several of the accused are on bail and under house arrest.

"And now we have alarming evidence indicating a sinister twist to this investigation, " said Harrington, who called for the accused to be remanded to Groenpunt Maximum Security Prison.

Harrington yesterday brought in Sasolburg prison head Johannes Jacobs to testify about an alleged escape plot.

Jacobs said an inmate had revealed to him a plan the men had to escape prison.

"I got a letter . it said 'be careful' [and that] guns were involved . I strongly believe the escape is linked to them . we don't have the necessary security . they are dangerous and need to be moved," he said.

Magistrate Sujanani ordered that the accused be remanded into custody at Groenpunt prison.

National Prosecuting Authority spokesman Phaladi Shuping declined to comment on the placing of witnesses in protection programmes.

"Steps have been taken. It is a sensitive matter. We cannot elaborate," he said.

Police spokesman Captain Paul Ramaloko confirmed Tshabalala's conviction, but said they were unaware of his serving his sentence.

He said they were aware of the planned escape and were investigating it.

The accused were remanded until Wednesday.