Battle to open ‘CIA spies’ report

INDEPENDENT Media is forging ahead with its legal battle against the State Security Agency (SSA) to get a suspiciously classified intelligence report laid bare.

The report, the content of which cannot be fully disclosed since the matter will be heard behind closed court chambers in Pretoria on Tuesday, was allegedly compiled by Central Intelligence Agency (CIA) spies based at the US embassy in Pretoria.

It was shared with the SSA before sources leaked it to Cape Argus sister title the Daily News.

When the Daily News approached the SSA about it in December last year, the ageny obtained an interim interdict until the matter was argued in court. The case is now to be heard.

SSA deputy director-general Welcome Simelane filed its papers, supported by officials like SSA spokesperson Mava Scott, who had alerted his bosses about the newspaper’s intention to publish parts of the report. The report showed how the US infiltrated the ANC using certain leaders to change policy direction in favour of the US.

In court papers Simelane advances a range of reasons why the reporter, Thabo Makwakwa, and Independent Media should hand back the report.

Sharing intelligence was part of broader collaboration with the US and if the report became public, their working relationship would be compromised, Simelane argued.

“It implicates certain high-profile South African politicians in co-operating with the US, and specifically deals with the US’s involvement in causing conflicts and instabilities in the ANC as the governing party, the functioning thereof, the different factions therein, who belongs to which faction and which members of the ANC pose a threat to US interests in South Africa …

“… the disclosure of which … may seriously compromise the peace and well-being of the people of South Africa, because it may cause civil unrest, as happened during the July 2021 uprising and subsequent loss of life and severe damage to property and infrastructure … damage the relationship between the US and the Republic of South Africa and endanger the lives of the people mentioned in the report,” Simelane’s affidavit stated.

In his affidavit, Makwakwa stated: “I accept that the state has the authority to classify documents, but understand that it may only do so in furtherance of its duties to preserve the peace, secure the well-being of the people of South Africa, maintain national security, defend, and protect the Republic of South Africa, to establish and maintain intelligence services and to prevent combat and investigate crime.

Content is given to these imperatives by the establishment of institutions such as the SSA and classification of information by the SSA must be done within the policy known as the Minimum Information Security Standards (MISS). The MISS allows for four different classifications.

However, before it describes the different classifications, it expresses a particularly important cautionary that: ‘It is necessary to constantly guard against both the over-classification and the under-classification of information.

Misuse of classifications can result in the system being treated with contempt.”

Makwakwa also stated: “Before I comment on this report with reference to the different sections listed in the contents page, it bears mentioning that the heading of the document is ‘Interest in ANC party dynamics’. It will become clear that the SSA has utilised valuable resources in order to involve itself in the internal contest within the ANC.

The report has nothing to do with state security and everything to do with factional in-fighting within the ANC … The report was thus not drafted in furtherance of the legitimate objectives of the SSA.”

Makwakwa said neither Scott nor anyone else had asked him to refrain from publishing his story.

“If they had asked me to do so and provided a good reason for the request I would have held back on publication. What they chose to do is refuse to comment and threaten legal action. In those circumstances, they cannot complain that I did not give them an undertaking not to publish."

Daily News editor Ayanda Mdluli said the issue was one of public interest and media freedom. He said the document was obtained legitimately.

“If there are certain leaders in the ANC who are working with and have links with the CIA, the people of South Africa have a right to know. The Daily News is acting in the public interest.

When you look at the history of how certain powerful countries have meddled in the affairs of other African states, the results have always been disastrous.

That cannot happen on our watch. We stand behind our journalists and we will not be silenced,” Mdluli said.