Illegal conduct, abuse by secret service exposed

A remarkably candid report published by parliament's intelligence watchdog body on Thursday has exposed for the first time the wide-ranging abuse and illegal conduct in the year during which three top spy bosses resigned.

It describes a State Security Agency "in crisis".

Some of the revelations in the 127-page document submitted by parliament's joint standing committee on intelligence, which always meets behind closed doors, include:

• Thousands of South Africans probably had their telephone and cellphone calls and e-mails unlawfully intercepted without the required checks, balances, documentation or permission;
• State Security Minister Siyabonga Cwele's "extremely busy schedule" affected his "overall duties and responsibilities"; and
• Details about the effect of Major-General Richard Mdluli's controversial tenure as head of crime intelligence; and

The information was published by parliament on Thursday, which means it was vetted by the security apparatus and is now a freely available public document.

It contains the committee's annual report for 2010-11 and 2011-12. Last year's report, legally due by May last year, has still not been tabled.

It shows how National Assembly speaker Max Sisulu and other MPs had to fight to make public the reports, which are the only legal way for taxpayers to monitor what intelligence agencies do with the billions of rands they receive annually.

Perhaps the most shocking part of the report is the input by Judge JAM Khumalo, the judge designated to deal with requests for the interception of information.

He sets out the importance of constitutionality, especially respecting privacy, when considering the interception of information to combat serious crimes.

In this regard, 887 were legally granted, almost three-quarters of which were to the police. The judge considers the number reasonable, given the size of the country's population.

But it is clear from Khumalo's careful input of 10 pages that provisions for emergency interceptions were used to justify not seeking an order from a judge in the past.

Khumalo named cellphone giant MTN for not having submitted any such documents.

According to Khumalo, no fewer than 3217 such interceptions were done by the police in 2011-12.

Although the police fully complied in 2011-12, the documents were never requested before that period, hence creating a loophole for abuse.

The details provided in the report about Mdluli's tenure basically correspond with what emerged before the High Court in Pretoria last year.

It confirmed that there was a lack of sound financial management in crime intelligence.

The report states that the "the vetting of officials in the security cluster" remained an ongoing problem.

The committee recommends vetting take place before a position is filled and that vetting processes be standardised.

The report also provides scant detail about the bizarre removal of the deputy principal of the State Security Agency's training academy.

"The sheriff of the court evicted the deputy since he refused to leave voluntarily following a court order," the report states.

Democratic Alliance MP David Maynier said the committee had gone rogue and for years failed to submit annual reports to parliament.

"I'm delighted we have finally managed to crowbar the annual report out of the committee."

But, he said, the committee "provides a terrifying snapshot" of what appeared to be a largely dysfunctional national intelligence structure.

"There's more Johnny English than James Bond in the annual reports," he said.

Attempts to reach Department of State Security spokes-man Brian Dube failed.

joubertj@sundaytimes.co.za