Letter from David Maynier, MP, to the Inspector General of Intelligence, December 11 2009

NATIONAL ASSEMBLY
PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

11 December2009

Mr Zolile Ngcakani
The Inspector General of Intelligence
P0 Box 1175
Menlyn Park
Pretoria
0077

Dear Mr Ngakani

REQUEST FOR AN INVESTIGATION INTO SPECIAL ADVISER IN THE MINISTRY OF DEFENCE AND MILITARY VETERANS PAUL NGOBENI'S SECURITY CLEARANCE

I am writing to request the Office of the Inspector General of Intelligence to investigate the security clearance of Special Adviser in the Ministry of Defence and Military Veterans Paul Ngobeni.

Paul Ngobeni is employed as a part-time Special Adviser in the Ministry of Defence and Military Veterans. He is remunerated in the amount of R601 761 per annum, which is half the remuneration of a full-time Special Adviser calculated as R 1 203 522 per annum, and is employed on compensation level IV, which means that inter alia, according to the Ministerial Handbook: Handbook for Members of the Executive and Presiding Officers, he "enjoys recognition as a competent expert at national and international level"; and the "complexity of advice to be rendered is comparable to that given by a Director General in the Public Service".

The Ministerial Handbook: Handbook for Members of the Executive and Presiding Officers specifies that Special Advisers must obtain security clearance before being appointed. This requirement appears to have been complied with since Minister of Defence and Military Veterans, Lindiwe Sisulu, confirmed in a meeting of the Portfolio Committee on Defence and Military Veterans on 18 September 2009, that Paul Ngobeni had undergone security vetting by the National Intelligence Agency (NIA).

However, it has emerged that Paul Ngobeni was reportedly permanently prohibited from practicing law, is facing a series of criminal charges and is a fugitive from justice in the State of Connecticut in the United States. Paul Ngobeni was reportedly prohibited from practicing law after facing ethical misconduct charges and is facing further criminal charges - including forgery in the 3 degree, larceny in the 4th degree, larceny in the 3 degree and larceny in the 6 degree - in the State of Connecticut in the United States.

In my view, it would appear that there may have been a serious failure in the security vetting process of Paul Ngobeni on the part of the NIA.

Determining that Paul Ngobeni was "suspect" would after all not have required much investigative skill on the part of the NIA. A simple Google search would have revealed Paul Ngobeni's difficulties in the State of Connecticut in the United States.

I simply cannot understand how a person who has been permanently prohibited from practicing law, is facing a series of criminal charges and is a fugitive from justice receives a security clearance from the NIA?

I would therefore be grateful if you would investigate whether the NIA erred in any way in providing a security clearance to Special Adviser in the Ministry of Defence and Military Veterans Paul Ngobeni.

Please find enclosed for your information the following supporting documentation:

a copy of a reply to a written parliamentary question (Question No. 1658) concerning Paul Ngobeni;

· a copy of an article entitled "Paul Ngobeni: Rearrest ordered' (Politicsweb, 08 September 2009); and

· a copy of an article entitled "Paul Ngobeni is a fugitive from justice" (Politicsweb, 13 September 2009).

Should you have any queries, please do not hesitate to call me directly...

Yours sincerely,

DAVID MAYNIER MP
DA SHADOW MINISTER OF DEFENCE AND MILITARY VETERANS

Letter in reply from Inspector General for Intelligence, Advocate Faith Radebe, June 15 2010:

Office of the Inspector General of Intelligence, Republic of South Africa

15 June 2010

Mr David Maynier (MP)
DA Shadow Minister of Defence and Military Veterans
P0 Box 15
CAPE TOWN
8000

Dear Mr Maynier

Request for an Investigation into Special Advisor in the Ministry of Defence and Military Veterans Paul Ngobeni's Security Clearance

Your request for investigation dated 11 December 2009 and subsequent follow-up letters were brought to my attention. I must hasten to apologise for the delay in replying thereto, even if you did receive correspondence to the effect that I will be apprised of the request upon my commencement of duty as the Inspector-General of Intelligence.

I have now had the opportunity to consider the request and in reply thereto I advise as follows:

Section 7(7) cA of the Intelligence Services Oversight Act 40 of 1994 provides as follows with regard to complaints mandate of the Inspector-General of Intelligence:

"...to receive and investigate complaints from members of the public and members of The Services on alleged maladministration, abuse of power, transgressions of the Constitution, laws and policies referred to in paragraph (a), the commission of an offences referred to in Part 1 to 4, or section; 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and improper enrichment of any person through an act or omission of any member:..."

We note that your request for investigation is not a complaint as provided for in terms of the aforesaid provision as encapsulated in the Intelligence Services Oversight Act, 40 of 1994 (hereinafter referred to as the Act). Your request resembles a tasking, namely to conduct an investigation into the decision of a Minister to hire a security advisor and whether the person so appointed has a valid security clearance from the concerned Services.

We are mandated to conduct tasked investigations as ordered by the Joint Standing Committee on Intelligence (JSCI) in terms of section 3(g) of the Act or perform tasks designated by the President or the Minister responsible for a Service in terms of section 7(7)(c ) of the Act. As such we regret to inform you that we are not mandated and are therefore unable to investigate your request. However, we would like to inform you that we will continue to monitor and review the lawfulness of the activities of the Intelligence Services, including the monitoring of compliance with laws and applicable policies on the issuance, refusal, withdrawing and degrading of security clearances by the concerned Services which are within the purview of our statutory mandate.

We thank you for referring your request to us.

Yours sincerely

Adv FD Radebe (Ambassador)
INSPECTOR.GENERAL OF INTELLIGENCE

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