Publication	The Star
Date	2005-11-10
Reporter	Moshoeshoe Monare, Angela Quintal
Web Link	www.thestar.co.za

Cyber spy released on R3 000 bail and could face possible treason charges

A top National Intelligence Agency manager has been arrested in the latest clampdown aimed at cleaning up the spy organisation of those who allegedly abuse state resources for political objectives.

He is the fourth top manager in the NIA to fall into the political quagmire that has already resulted in the suspension of its director-general, Billy Masetlha, deputy director-general Gibson Njenje and counter-intelligence chief Bob Mhlanga.

This comes after ANC businessman Saki Macozoma was found to have been placed under illegal surveillance.

The Star was reliably informed that Funi Madlala, a manager in the NIA cyber unit, was arrested yesterday and appeared secretly in the Pretoria Regional Court.

Stringent conditions attached to bail

Because of the sensitivity of his case, which could amount to treason, his bail-application hearing was held in camera. He was given bail of R3 000.

It is believed that Madlala has either illegally intercepted e-mail communications of top government officials, including in the Presidency, or is a source of or had contributed to the fabrication of the hoax e-mails currently in circulation.

Investigations into the veracity of the e-mails is continuing, but whether they are genuine or fake, intelligence agents will have to account if their interception or fabrication emanated from the NIA.

Intelligence Inspector-General Zolile Ngcakani, who is conducting investigations into the origin of the e-mails and whether intelligence facilities or agents were used, has referred Madlala to the police, after evidence pointed to the fact that he allegedly knew about the e-mails or their origin.

It is believed that Ngcakani is probing the entire cyber unit of the NIA and this has included examining computer hard drives of officials, including Madlala's.

Sources told The Star Madlala was either working for or had allegedly colluded with Masetlha.

Madlala apparently initially refused to co-operate with Ngcakani, withholding information from him after the inspector-general traced the hoax e-mails to one of his computer drives.

His refusal to co-operate is a contravention of the Intelligence Services Act, which carries a five-year prison sentence.

Ngcakani referred his case to the SA Police Service. His office confirmed the incident but refused to give more details.
Imtiaz Fazel, chief executive of the inspector-general, said:

"A senior member of the National Intelligence Agency was charged and appeared in the Pretoria Regional Court this morning, the 9th of November 2005. He faces charges of contravening the disclosure provisions of the Intelligence Services Oversight Act (Act 40 of 1994).

"These provisions relate to the unreasonable withholding of information (from) the inspector-general of intelligence which is required for the performance of his functions. Bail was not opposed and the member was released with stringent conditions attached to his bail.

"The matter was adjourned pending further investigations. The nature of the offence relates to the withholding of information that is required by the inspector-general as part of his extended investigations into the legality of certain intelligence operations carried out by the NIA."

The arrest comes after an investigation by Ngcakani into the Macozoma surveillance, which was later widened to
include the hoax e-mails that implicated several politicians, government officials and business people in an alleged conspiracy against embattled ANC deputy president Jacob Zuma.