Issued by: Ministry for Intelligence Service
STATEMENT BY MR JM NHLANHLA MP, THE DEPUTY MINISTER FOR INTELLIGENCE SERVICES, ON ALLEGATIONS MADE DURING THE BAIL APPLICATION OF AYOB MUNGALEE
The Ministry for Intelligence Services has taken note of the allegations made during the bail application of Ayob Mungalee in the Oudtshoorn Magistrate's Court on 23 February 1999.
As the bail application is still continuing, the Ministry cannot respond to the specifics of the case. However, due to the seriousness of the allegations, I have met with a segment of the NIA management and I have been fully briefed on the matter. It is clear to me that:
The National Intelligence Agency (NIA) is not involved in instigating, nor committing, acts of terror and violence. To the contrary, the NIA is tasked to protect the constitutional order against any such acts and remains committed to ensuring that this task receives the highest priority.
In doing so, the use of informants is a standard practice of intelligence gathering. The choice of informants is informed by the access they have to the intelligence area of interest. Such informants are subject to the same laws that govern civil society, including NIA informants and all NIA's members. There can therefore be no indemnity from prosecution for either informants, agents or members when they commit illegal acts.
Keeping in mind the excess of intelligence structures under the previous dispensation, several internal and external checks and balances have been built into the structure of the NIA to ensure full compliance with the Constitution and the law - even to the extent that no member may either give or obey an illegal order.
It is clear to me that there is close coordination and cooperation between the SAPS and NIA, and that they have been liaising closely throughout this investigation. I am satisfied that information exchange has also been improving. However, the way in which privileged information has been used in this case, clearly shows that there is room for improvement. To this end, a meeting involving the Ministry for Intelligence Services and the Minister for Safety and Security, together with the senior officials, will be held in due course to consolidate the existing coordination and cooperation.
ISSUED BY THE MINISTRY FOR INTELLIGENCE SERVICES, 24 FEBRUARY 1999