State intelligence distances itself from alleged judicial capture’

United Democratic Alliance (UDM) leader, General Bantu Holomisa. Picture Bongani Mbatha African News Agency ANA

United Democratic Alliance (UDM) leader, General Bantu Holomisa. Picture Bongani Mbatha African News Agency ANA

Published Nov 28, 2023

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The South African State Security Agency (SSA) has distanced itself from a purported intelligence report suggesting that there was possible “judicial capture” of the country’s leading judge

On Monday, United Democratic Alliance (UDM) leader, General Bantu Holomisa raised concerns about the possibility of “judicial capture” after a leaked report purportedly authored by former spy boss Thembisile Majola, who resigned this month, surfaced.

On Monday, Holomisa revealed that he had written to the Joint Standing Committee on Intelligence following a damning report on judicial corruption in the country’s justice system.

Holomisa said the report made shocking revelations implicating high-up individuals in corrupt practices, adding that the allegations in the 54-page report should be investigated.

“We wrote to the Joint Standing Committee on Intelligence about a damning report on judicial corruption in South Africa purportedly drafted by resigned DG for State Security Thembisile Majola. It contains highly shocking and damaging assertions affecting (the) integrity of the SA judiciary.”

“Given the length of the report and the detail given therein, it strikes one as having been made of a considered mind and that this information should be deemed of critical national importance. I would therefore request that the Joint Standing Committee on Intelligence to establish its veracity with Ms Majola and/or with the Inspector General and that it considers the content with the seriousness it deserves,” Holomisa said in his letter.

However, the country’s state security agency has distanced itself from the report.

It said in a statement on Tuesday: “The State Security Agency has noted with concern, a document that is doing the rounds on social media purporting to be some intelligence report of judicial corruption, which is allegedly written by the director general, ambassador, Thembisile Majola. The State Security would like to distance itself and the Director General from such a report. No further comment will be made in this regard.”

Political analyst, Dr Ongama Mtika told The Star that there was a possibility of the report being fake and used to sow divisions in the country.

“It is difficult to comment on a snippet like this. We know that spies have a history of sowing discord in the country and casting aspersions where none are justified, and the fact that the state security agency has distanced itself from this report vindicates my point.”

But another analyst, Professor Dirk Kotzé noted that like all humans, judges were not immune to being corrupted.

“I do not think one can categorically say no one is impossible or immune to being corrupted. So the possibility for judges to be involved in some form of corruption cannot be completely excluded. That has always been possible, given the fact that they (judges) are involved in decision-making.”

The Star

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