NIA spying on judges?

2008-06-19 21:12

Cape Town - The Democratic Alliance is to seek a meeting with Intelligence Minister Ronnie Kasrils over a suggestion in the Hlophe affair that the National Intelligence Agency is spying on members of the judiciary.

"If these allegations are true, their implications for our democracy are profoundly serious," the party's Parliamentary chief whip Ian Davidson said on Thursday.

"Not only would they constitute further proof of the politicisation of key state institutions, they would also illustrate that the checks and balances that are the hallmark of a well-functioning democracy have been seriously eroded."

The suggestion of NIA spying is contained in a complaint by all 11 judges of the Constitutional Court to the Judicial Service Commission, which claims Cape Judge President John Hlophe tried to influence the court's decision on cases involving ANC president Jacob Zuma.

According to the complaint, reported fully in Independent Group newspapers on Thursday, Hlophe told Constitutional Court Judge Bess Nkabinde at a meeting in her office that privilege issues in the cases had to be decided properly.

'Connections'

Nkabinde, who had been writing a post-hearing note on the aspect of privilege, had wondered how Hlophe knew what she was working on.

"Hlophe JP told Nkabinde that he had connections with the National Intelligence," the complaint said.

Davidson said he would write on Thursday to Kasrils asking for an urgent meeting on this alleged statement.

He said fellow MP Paul Swart would also write to the chairperson of Parliament's joint intelligence committee to ask that Hlophe be called to appear before it to explain the alleged remarks.

The committee had to probe whether any member of the intelligence community had been investigating judges and passing information to Hlophe.

"If true, it represents a flagrant breach of the separation of powers and the direct threat to the independence of the judiciary," Davidson said.

According to the Constitutional Court complaint, Hlophe also allegedly told acting Constitutional Court Judge Chris Jafta that he was "our last hope" in the Zuma matter.

- SAPA