State has a go at Pauw over Zuma book

The state has fired the first legal salvo against the controversial book The President's Keepers that has revealed sensational new graft allegations against President Jacob Zuma and other key state players.

On Wednesday the State Security Agency (SSA) opened a case at Pretoria's Lyttleton police station. The SSA is demanding an investigation into the leaking of information contained in author Jacques Pauw's book, claiming he acted in breach of the Intelligence Sevices Act.

This has been criticised by pro-information organisations, who say the act does not apply to civilians.

Police sources, with knowledge of the investigation, said a team of SSA officers had spent several hours at the police station in consultation with senior police management.

"The SSA were at the police station yesterday (Wednesday). They were asking a lot of questions and there were intense discussions about this matter. It was all very secretive," said the source.

Pauw on Thursday said, via WhatsApp, that he was not aware of the charges.

His lawyer, Willem de Klerk, said: "We have very few details at the moment. We are in the process of trying to establish exactly what charges have been filed and by whom. No arrest has yet been carried out and none will be required. Mr Pauw will give his co-operation to the authorities."

Hawks spokesman Brigadier Hangwani Mulaudzi said the Hawks Serious Organised Crimes Unit was investigating the case.

Once the investigation is concluded, "we will, if at all, know if there is someone to charge for the alleged leaking of confidential information", said Mulaudzi.

The security agency had notified Pauw and NB Publishers last week it would pursue legal action against him and pushed for him to retract certain parts of the book, an online bestseller, and to have it removed from circulation.

Both Pauw, who has received death threats because of the book, and his publishers have refused to retract the book. His lawyers are willing to fight the matter in court.

The book contains damning allegations about Zuma's refusal to pay tax and mass corruption at key state agencies, including the SA Revenue Service. The SSA believes the contents somehow contravene the Intelligence Services Act.

It was unclear whether SARS, which accuses Pauw of violating Zuma's right to have his tax matters kept confidential, will also join the SSA in its bid to muzzle Pauw.

Right2Know spokesman Murray Hunter said this act had a provision under which all members of intelligence services are sworn to secrecy for life, even after retirement.

"The SSA knows that the charge is not going to stick because Pauw is not in the secret service. He is a journalist. This act doesn't apply to ordinary citizens. If they are charging Pauw with this, it is a malicious prosecution and is designed to intimidate and threaten him."

As the Hawks investigate an intelligence leak, Hunter said R2K believed that an act that forced intelligence members to secrecy indefinitely was unconstitutional.

"Leaving aside that they are charging a journalist with [breaking] a law they know they can't charge him with, the law itself is problematic as it applies to members of the security cluster. We are not saying security services can all give away sensitive information.

"But there are times when current and former members of the security cluster need to be able to speak out about abuses of power, factionalism, dirty tricks and corruption in the secret service. This information that has been leaked is genuinely in the public interest of all South Africans."

On Tuesday, NB Publishers said it had noted death threats made against Pauw with "grave concern".

"We view this in an extremely serious light and are taking steps to ensure his safety at all times. We will take legal steps against anyone making such threats."