Presenting her evidence last week, Mkhwebane told the committee that, in terms of her responsibility to strengthen democracy, it meant Chapter 9 institutions must have access to any information. She said this meant she had to have access to the IGI report or it would amount to stifling her work.
Presenting evidence to the committee on Wednesday, evidence leader Nazreen Bawa SC said the committee heard evidence from Mkhwebane that the IGI report was included in the source documents in her report.
“The IGI report is expressly not listed by reference to its name under source documents,” Bawa told the committee.
She also spoke of two letters, dated February 22 and February 27 2019, which were not listed as source documents in the report.
The evidence leaders first read a letter dated February 20 2019 from the minister after a meeting she had had with the public protector a few days earlier.
.In that letter, Letsatsi-Duba said the public protector had said the copy of a secret report was purportedly delivered to their offices and she had not brought the unlawful disclosure of the classified information to the attention of the relevant authorities.
Letstasi-Duba said the public protector must return the report to the minister as a matter of urgency.
In the letter dated February 22 by Mkhwebane, she said the premise of the minister’s entire letter was mistaken.
“It presumes that I am in possession of an authentically classified secret document. This presumption ignores the steps I have taken to ascertain whether the document received by my office relating to my investigation is indeed what it purports to be, (that is), a secret document of the office of the IGI.”
Mkhwebane asked the minister to cease and desist from what she said appeared to be an interference in the performance of her constitutional duties. She sought confirmation on whether the document she had was the same document the minister had.
Mkhwebane said the subpoena of the report was still valid and the minister had an obligation to comply with her directive to enable her to confirm its authenticity.
Letsatsi-Duba responded in a letter dated February 27 2019, in which she said the classification of the report was confirmed to her by Dintwa on January 31 2019 and that the minister was the lawful custodian of the report.
“Your continued unlawful possession of the classified report is disconcerting.”
The minister said for Mkhwebane to remain in unlawful possession of the classified document to verify its authenticity would only aggravate the contravention of the law.
“I must reiterate to you that you return the documents and any copies thereof to me without further delay. I will in turn ensure that the report is verified,” Letsatsi-Duba said.
The committee meeting was postponed until next Tuesday.
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Hand over secret document, security minister tells Mkhwebane
Evidence leaders presented two letters, one of which demanded that public protector Busisiwe Mkhwebane return a classified report to authorities
Image: FREDDY MUVNDA/BUSINESS DAY
Correspondence between the then-minister of state security, Dipuo Letstatsi-Duba, and public protector Busisiwe Mkhwebane during February 2019 showed the minister wanted Mkhwebane to return a classified document allegedly in her possession.
Mkhwebane had allegedly used the classified inspector-general of intelligence report to make findings against public enterprises minister Pravin Gordhan in her investigation into the so-called “rogue unit” at the SA Revenue Service (Sars).
In her report, Mkhwebane found that Gordhan — when he was head of Sars — had established an intelligence unit in violation of the country’s intelligence prescripts.
In her report, Mkhwebane said in a meeting she held with then inspector-general of intelligence (IGI) Dr Setlhomamaru Dintwe on January 31 2019, he confirmed the office had previously investigated allegations of an intelligence unit within Sars in 2014, and confirmed its existence.
Mkhwebane said in her report she was told the report was in the custody of Letsatsi-Duba, from whom she tried to get a declassified copy, without success.
Her report on the unit was set aside by the Pretoria high court in December 2020.
The committee previously heard that the classified IGI report was dropped off anonymously at the offices of the public protector.
The committee has since obtained an affidavit from the legal adviser to the IGI that maintained the report had never been declassified. This makes it an offence to be in possession of, share or read the report.
Mkhwebane 'found office in disarray' when she became public protector
Presenting her evidence last week, Mkhwebane told the committee that, in terms of her responsibility to strengthen democracy, it meant Chapter 9 institutions must have access to any information. She said this meant she had to have access to the IGI report or it would amount to stifling her work.
Presenting evidence to the committee on Wednesday, evidence leader Nazreen Bawa SC said the committee heard evidence from Mkhwebane that the IGI report was included in the source documents in her report.
“The IGI report is expressly not listed by reference to its name under source documents,” Bawa told the committee.
She also spoke of two letters, dated February 22 and February 27 2019, which were not listed as source documents in the report.
The evidence leaders first read a letter dated February 20 2019 from the minister after a meeting she had had with the public protector a few days earlier.
.In that letter, Letsatsi-Duba said the public protector had said the copy of a secret report was purportedly delivered to their offices and she had not brought the unlawful disclosure of the classified information to the attention of the relevant authorities.
Letstasi-Duba said the public protector must return the report to the minister as a matter of urgency.
In the letter dated February 22 by Mkhwebane, she said the premise of the minister’s entire letter was mistaken.
“It presumes that I am in possession of an authentically classified secret document. This presumption ignores the steps I have taken to ascertain whether the document received by my office relating to my investigation is indeed what it purports to be, (that is), a secret document of the office of the IGI.”
Mkhwebane asked the minister to cease and desist from what she said appeared to be an interference in the performance of her constitutional duties. She sought confirmation on whether the document she had was the same document the minister had.
Mkhwebane said the subpoena of the report was still valid and the minister had an obligation to comply with her directive to enable her to confirm its authenticity.
Letsatsi-Duba responded in a letter dated February 27 2019, in which she said the classification of the report was confirmed to her by Dintwa on January 31 2019 and that the minister was the lawful custodian of the report.
“Your continued unlawful possession of the classified report is disconcerting.”
The minister said for Mkhwebane to remain in unlawful possession of the classified document to verify its authenticity would only aggravate the contravention of the law.
“I must reiterate to you that you return the documents and any copies thereof to me without further delay. I will in turn ensure that the report is verified,” Letsatsi-Duba said.
The committee meeting was postponed until next Tuesday.
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