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The Democratic Alliance (DA) is dismayed by reports that the South African Police Service (SAPS) has handed over tapes containing secretly recorded telephone conversations relating to the case of Jackie Selebi to Mr Selebi's lawyers, ostensibly without providing copies of these tapes to the National Prosecution Agency (NPA). We will today write to the Inspector-General of Intelligence, Zola Ngcakani, to request that he adds the Selebi tapes to his investigation into possible irregularities surrounding the disclosure of tapes in the Zuma trial.

What we are witnessing here is déjà vu. First, Mr Zuma's lawyer, Michael Hulley, also allegedly received tapes from government intelligence agencies before the NPA did. Again, state intelligence officials are providing copies of intercepted communication material to private individuals, and it is unclear that they are legally entitled to do so. Why do the lawyers of politically well-connected suspects in criminal cases receive such preferential treatment?

Second, authorities once again appear to have completely ignored the Regulation of Interception of Communication Act of 2002, which specifies that intercepted communication material can only be released publically in specific circumstances. Though the police may be able to declassify certain material, legislation provides citizens with certain rights to privacy, so it does not automatically follow that such information can be made public, or indeed passed on to Mr Selebi's lawyers. Any state agency that decides to release intercepted communication publically must also prove that doing so meets the requirements of the legislation. This issue appears to have been completely ignored.

We trust that Mr Ngcakani will consider our request in light of the serious irregularities that appear to have occurred here. It is simply unacceptable that police officials appear to be handing over declassified information to the lawyer of their former boss, apparently with little regard to the relevant legislation