In the clandestine business of national intelligence, the South African Constitution ensures there is civilian oversight in the form of an office to hold the country’s spooks to account. The office is that of the Inspector-General of Intelligence, who for the past four years has been Dr Setlhomamaru Isaac Dintwe.
It was Dintwe who appeared before the Commission of Inquiry into State Capture chairperson, Deputy Chief Justice Raymond Zondo, during Tuesday’s evening sitting.
Dressed in a three-piece checked suit replete with tie pin and pocket square, Dintwe appeared eager to air his experience after four frustrating years at the helm.
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The HASC intelligence subcommittee’s jurisdiction covers military intelligence, national intelligence, counter terrorism, and “sensitive operations.” Most agencies in the intelligence community are in the Defense Department, and those budgets devoted to tactical intelligence programs exceed $20 billion. The $61.9 billion national intelligence budget includes all the services, NSA, NRO, DIA, and NGA. All are in Defense (NRO is shared with the DNI.) Again, all quite sensible until one considers that national intelligence also includes the CIA and the intelligence functions of State, Homeland Security, and FBI.
The main lingering question is the status of the House Permanent Select Committee on Intelligence (HPSCI) whose job it is to provide oversight to the IC and both its national and tactical programs and budgets. Exactly where does this leave them? Clearly, Speaker Pelosi no longer has faith in the current structure, if not necessarily the members.
Acting Judge Jacques Minnaar found on 8 January 2021 that National Police Commissioner Khehla Sitole was not only entitled to act against Jacobs and his fellow officers, he “is obliged to do so by law”.
Jacobs, as well as other top CI officials, Brigadier Albo Lombard, section head: intelligence planning and monitoring; Colonel Isaac Walljee, acting section head: supply chain management; Colonel Manogaran Gopal, section commander: vehicle fleet management and asset management secret services account: supply chain management; Major General Maperemisa Lekalakala, acting component head and CFO secret services account; Colonel Bale Matamela, section commander: procurement secret services account were all suspended by Sitole between 30 November and early December 2020.
Thus the application by Jacobs, argued Sitole, was not urgent “and any urgency is self-created”.
Sitole said that “proper safeguards are in place in the interim and the day-to-day functioning of the Crime Intelligence Division has not been compromised in any way”.
Jacobs and his fellow officers were on a “precautionary” and not “punitive” suspension, said Sitole, pending the finalisation of an investigation into alleged illegal Covid-19 PPE purchases by the division, using the Secret Service Account.
They also had other remedies at their disposal apart from approaching the high court, added Sitole.
They could turn to the Labour Court, he said, or “assist in the investigation by cooperating with Lieutenant-General [Francinah] Vuma so as to clear their names and assist in the efforts to root out corruption within the SAPS”.
SAPS Crime Intelligence head, Lieutenant General Peter Jacobs and five fellow officers from the division are seeking an urgent intervention from the Pretoria High Court to declare their suspensions by National Commissioner Khehla Sitole unlawful.
Jacobs was the first to be served with a notice of suspension on 30 November, while fellow officers were notified on 10 December 2020.
“Credible evidence was available that the Account was looted by a number of CFOs and or Divisional Commissioners and other Senior Crime Intelligence Officers,” said Jacobs in his 42-page searing document, setting out what he found in the division when he took the helm in March 2018.