Former spy boss Arthur Fraser opens perjury case following spy revelations at Zondo commission

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Arthur Fraser
Arthur Fraser
Jaco Marais, Gallo Images, Netwerk24
  • Former spy boss Arthur Fraser has hit back at witnesses who gave testimony at the state capture inquiry about looting and unlawful operations at the intelligence agency.
  • Fraser has opened perjury cases against State Security Agency acting director-general Loyiso Jafta and others.
  • In a statement, Fraser's attorneys claim falsehoods were peddled which have the potential to compromise the security of the country.

Former spy boss Arthur Fraser has opened perjury cases against several State Security Agency (SSA) officials – including acting director-general Loyiso Jafta, as well as Sydney Mufamadi, who chaired an inquiry into the intelligence agency – following the revelations laid bare at the state capture inquiry.

Fraser's attorney, Rapulane Kgoroeadira, confirmed the opening of cases at the Hillbrow Police Station on Friday against Mufamadi, Jafta, secret SSA operatives known only as Ms K and Mr Y, the commission's evidence leader advocate Paul Pretorius, SC, as well as a member of Pretorius' team, advocate Veruschka September.

According to a statement, the cases relate to "falsehoods peddled during what our client considers the monumental compromise of the country's intelligence by SSA officials, [that] have left him with no choice but to lay criminal charges against those that conspired to tell the nation blatant and deliberate falsehoods".

READ | Spy boss claims SSA gave firearms, ammunition to 'non-members'

"Our client is mindful that the entire evidence was designed to pre-empt his request to assist the commission. Instead, the commission decided to call these officials and shut the door on him," the statement from Kgoroeadira Mudau Attorneys read.

"Our client has long indicated that these testimonies were undesirable as they had the potential to compromise the security of the country forever. Our client remains available and willing to assist the commission in presenting to it the facts at his disposal.

"Lies were told to the nation under oath and before the commission and the entire world with the assistance of those employed to help the nation discover the truth. We consider such to be beyond any reason and it compromises the security of our people and their state."

In the statement, Kgoroeadira Mudau Attorneys said Fraser hoped that law enforcement agencies will investigate these "treasonous acts and perjury aimed to deceive the nation".

"Our client believes that these falsehoods were deliberate and as such warrant the serious charges proffered. It can never be that such a platform is abused for nefarious purposes, as had happened in this instance."

The attorneys added that Fraser has not yet been invited to the commission to give testimony.

Gross acts of mendacity

In his affidavit, which News24 has seen, Fraser accused Mufamadi of lying about the R9 billion spent on lost assets by the SSA when Fraser was at the helm of the intelligence agency.

Mufamadi said the Auditor-General (AG) was unable to confirm redundant assets in excess of R9 billion as there was insufficient audit evidence and the assets could "not be located by the agency".

READ | Spy boss' eye-popping testimony claims rogue SSA lost billions of rand in assets

"The AG's report for the period 2017/2018 in fact provides for redundant assets amounting to R9.042 million and not in excess of R9 billion," Fraser said in his affidavit.

"Inflating the redundant asset value from R9.042 million to in excess of R9 billion amounts to grossly mendacious conduct."

Fraser added that Jafta also confirmed this falsehood under oath when he testified.

"There was a legal duty on Dr Mufamadi, the SSA witnesses and the commission's evidence leaders to [verify] the correctness hereof prior to presenting such falsity under oath."

Fraser's son an employee for SSA front company

The former spy boss also accused Mufamadi of lying that there was evidence that he had appointed his son as an employee of a warehouse that was used as a front company for the SSA.

"I dispute this to the fullest as another gross act of mendacity by Dr Mufamadi. The latter, together with the SSA witnesses and commission's evidence leaders had a legal duty to first establish the correctness hereof prior to giving evidence hereon under oath or permitting evidence to be led hereon under oath."

Fraser added that he was asked if his son was an employee of a warehouse, which he confirmed, but that no question was posed to him about whether the company was a front for the SSA.

"The truth is the company that employed my son was not a front company for the SSA and had the panel asked me, I would have frankly informed them accordingly."

Political agendas

Fraser also rubbished Jafta's testimony that projects were funded to enhance the political fortunes of the ANC whenever the country was approaching an election.

"Should Mr Jafta be imputing any hereof to me during my tenure as director-general of the SSA, then he would once again be mendacious. I dispute such allegations to the fullest."

ALSO READ | Allegations of SSA's 'blank cheques' and 'alternate facts' aired at Zondo commission

News24 also reported that in his statement to the commission, Mufamadi revealed that his panel was given a document that was allegedly a report to Fraser in February 2017, in which the author boasted about how a special operations unit interfered with ANC President Cyril Ramaphosa's election campaign.

"I further dispute any allegations of the SSA, under my leadership, having contributed to unlawfully benefit[ting] any factions. The deployment of members of the SSA to the African National Congress elective conference in December 2017 was in line with the constitutional mandate of the SSA."

Millions in operational expenditure unaccounted for

Fraser also disputed that there was documentary evidence relating to the R125.6 million used for operational expenditure, for which the SAA could not provide documentation.

Mufamadi testified that audit management could not provide documentation for this amount, nor what the money had been used for.

Jafta also confirmed this during his testimony to the commission, saying that the money could not be accounted for operations conducted from the officer of the accounting officer at the time, which would have been Fraser.

Fraser said documentation was available within the SSA and was handed over to then special advisor of Jafta in May 2018. He said the documentation was handed over by a woman, who he named in the affidavit, on the day that she was suspended by Jafta.

"Mr Jafta's deliberate dishonesty under oath promoted the chairperson of the commission to enquire from him whether anyone was held accountable in respect of the allegedly R125 million and to which he responded in the negative and that he did not know."

In addition, an SSA operative known as Ms K, who also testified at the commission last week, was in possession of the documentation, Fraser claimed.

Principal Agent Network

Fraser denied allegations by Ms K, who confirmed the affidavit of another SSA operative Mr Y, who claimed that Fraser brought back individuals implicated in the Principal Agent Network operation, that allegedly evolved into a parallel intelligence network which bypassed normal SSA procedures including recruitment.

Ms K specifically mentioned SSA members that were brought back.

Fraser said that both operatives mentioned had always been with the SSA but were suspended for a lengthy period of time before the said suspensions were lifted by ambassador Sonto Kudjoe, while he was director-general of the SSA.

He added that it was a deliberate misrepresentation to say that the two named operatives were implicated in the PAN investigation as having played key roles in any activities from his office.

This is a developing story.

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