Fraser’s attorneys won’t rule out the courts if declassification request is rejected.

Lawyers representing Arthur Fraser, the former Director-General of the State Security Agency (SSA) and currently the National Commissioner of the Department of Correctional have confirmed to The South African that they have written to the SSA requesting the declassification of certain intelligence documents.

Attorney Mike Kgoroeadira of law firm Kgoroeadira Mudau Incorporated however refused to state whether the leaked letter circulating on social media was authentic but revealed that they had written to various institutions seeking specific documents.

“All I can say is letters were written in August to a number of institutions seeking certain documents  and/or information, largely information that is classified. All the institutions that we have written to have since acknowledged receipt of our letters, but have however to date, not provided us with the information we required” said Kgoroeadira

Mike Kgoroeadira

A letter with the law firms letter head, dated 5 August was widely shared this week on social media.

In the letter addressed to Loyiso Jafta the acting Director-General of State Security Agency, the law firm is requesting the declassification and copies of certain intelligence documents.

“We specifically refer to the evidence on intelligence matters that was presented before the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (State Capture Commission) implicating our client in wrongdoing”

 “In order to prepare his statement and evidence to the State Capture Commission, our client instructs us to request, as we hereby do, the declassification of classified documentation and to be furnished with copies, inter alia, of the following documentation as would have been declassified”

In the letter they request a copy of the outcome of the investigation into the basis for the 28 March 2018 withdrawal of the security clearance of Dr S I Dintwe, Inspector General of Intelligence.

  A copy of the complete dossier on the 2017 – 2018 investigation and decision by the Director General, State Security Agency to withdraw the security clearance of Dr S I Dintwe, Inspector General of Intelligence.

A copy of the National Intelligence Agency Management Handbook, 2007. Copies of all documentation relating to project “Moloi Tshaba Ke fete” together with related projects: Project Peruku, project Roctober, among others.

The request follows last years testimony by former SSA officials Gibson Njenje, Mo Shaik and Mzuvukile Maqethuka at the state capture commission implicating Fraser. The trio confirmed that there was great reluctance on the part of Fraser, former president Jacob Zuma and former State Security Minister Siyabonga Cwele to investigate the Gupta family after raising that the family posed a threat to the country’s security. The Gupta’s seemed to have among others, known before hand of the former president  2010 Cabinet reshuffle.

Fraser’s advocate Muzi Sikhakhane in July told the commission chair, Deputy Chief Justice Raymond Zondo that the former spy boss wanted to divulge information of past and present presidents, judges and parliamentarians in so far as state capture is related and to clear his name. He however needs certain documents to be declassified first.

Fraser’s attorney said they would not rule out approaching the courts if they don’t succeed with the institutions that they have written to.

“If we don’t get the documents declassified, we will reconsider our position, I will take instruction from Mr Fraser but I obviously cannot excluded the possibility of approaching court to compel the institutions to declassify the documents,” he said.

Mike Kgoroeadira