Arthur Fraser vs Inspector General of Intelligence: Court date set

2018-04-13 17:52
Setlhomamaru Dintwe (Alicestine October, Netwerk24)

Setlhomamaru Dintwe (Alicestine October, Netwerk24)

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Inspector General of Intelligence (IGI) Setlhomamaru Dintwe will on Thursday seek an order from the North Gauteng High Court in Pretoria against State Security Agency (SSA) Director General Arthur Fraser, barring him from interfering with his duties.

Dintwe launched an urgent court application earlier this week, which will be heard on April 19, claiming Fraser had allegedly interfered with his functions, as well as seeking to revoke his security clearance.

He said in a statement on Wednesday that he would ask the court to put measures in place to "ensure my personal security", following Fraser's "brazen and unlawful actions".

READ: Arthur Fraser saga: Inspector-General of Intelligence details intimidation allegations

Dintwe said he was seeking urgent interim relief preventing Fraser from acting "unconstitutionally, unlawfully and [of being] motivated by bad faith".

"I seek a range of declaratory and interdictory relief on a final basis relating to the powers of the director general," he said in his affidavits, dated April 10, which were filed in the North Gauteng High Court in Pretoria.

He added that Fraser's decisions had implications for the proper functioning of the office of the IGI.

"By purporting to revoke the security clearance of the inspector general, the director general has infringed upon the constitutional and statutorily-protected independence of the Inspector-General of Intelligence."

'It is impossible for me to execute my responsibilities'

He said, last November, Fraser had addressed a threatening letter to him, saying that Dintwe was in possession of certain classified information submitted by the Democratic Alliance.

This illustrated the extent of abuse, he said.

"It is impossible for me to execute my responsibilities to investigate intelligence services unless I have access to all types of information, including classified information," he said.

Jacques Pauw, in his book The President's Keepers, accused Fraser of running a parallel intelligence network (PAN) during a previous stint at the spy agency before 2010.

READ: Jacques Pauw: 'Inspector-General wanted letter from me to clear his name'

According to the book, an internal SSA probe concluded that Fraser should be charged with treason for his role in the running of the SSA's PAN project.

Fraser initiated and oversaw the PAN project as the then deputy director general of the National Intelligence Agency, between 2007 and 2009.

Dintwe said he had received complaints about Fraser, which were serious and had a damaging effect on the standing and the image of the intelligence services.

In May last year, the DA lodged a formal complaint with the office of the IGI and requested an investigation into Fraser's involvement with the PAN project.

Dintwe set out the details of the allegations in his affidavit.

Tenders for family members

He said Fraser had allegedly fraudulently copied the signature of then-minister of intelligence services Ronnie Kasrils when establishing an illegal intelligence programme, known as the PAN.

Fraser is alleged to have improperly awarded tenders and contracts to people associated with his family, and other individuals, through the PAN.

Dintwe said Fraser had been aware that he was the subject of investigation since May 2017.

On Thursday, State Security Minister Dipuo Letsatsi-Duba said she was concerned over the "unprecedented" development.

"I, therefore, will be taking steps to ensure that the matters of concern are dealt with, within the provisions of the legal framework governing our environment, and to ensure that we maintain good governance as is expected from us," Letsatsi-Duba said.

She said Fraser would file responding affidavits.

"It is important to allow the courts to deal with matters before them and therefore no further comments will be made until such time the courts have pronounced accordingly," she added.

*News24 previously reported that Dintwe would lodge the court application on Tuesday, April 17. This has been corrected to reflect that the matter will in fact be heard on Thursday, April 19.

Read more on:    arthur fraser  |  setlhomamaru dintwe

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