State institutions being burgled left and right, with not a suspect in sight

Two prosecutors at the offices of the director of public prosecutions for Gauteng North (GNDPP) in Pretoria have become the latest victims of what appears to be a spy war.

According to National Prosecuting Authority (NPA) spokesperson Luvuyo Mfaku, the prosecutors in that particular office were working on organised crime, murder and rape cases.

The intruders reportedly gained access to the building by using a fire escape and climbing through a window leading to the ladies’ bathroom.

“Both these institutions should have very good security systems in place given the sensitivities and how people break into these buildings without being detected. It is deeply concerning,” said Gareth Newham, head of the governance, crime and justice division at the Institute for Security Studies.

“It suggests whoever is behind this is quite organised and may well be working with elements within the NPA and the Hawks.

“Of course if we had well-functioning intelligence agencies which were not severely compromised due to political interference and poor leadership appointments then it would be more likely they would be able to not only prevent this from happening in the first place but, when it did happen, find whoever was involved and ensure they were brought of justice,” said Newham.

The burglaries have followed a troubling path with the same modus operandi – only select computers were taken in a string of break-ins which have yet to see a credible arrest.

There are also a number of coincidences.

• The first was at the Helen Suzman Foundation (HSF) on 20 March, 2016, around the time the foundation was first dragging the now disgraced former Hawks boss Lieutenant General Berning Ntlemeza to court.

• On 17 March this year, Ntlemeza was removed from his post by the High Court in Pretoria.

• On 18 March, the Office of the Chief Justice was broken into and select computers with judges’ personal information was stolen.

• On 5 July, computers with information about irregular appointments allegedly made by Ntlemeza were reportedly stolen from the Hawks’ offices in Pretoria.

• And then on 9 July – Sunday night – the GNDPP was the most recent target.

Francis Antonie of the HSF said the break-in at their organisation’s offices was a targeted operation as well, with only certain computers being stolen.

“We launched action against Ntlemeza that week and, on the Sunday, the break-in happened,” said Antoni.

“I cannot say if he was involved, but it was a wonderful coincidence. Having said that, and I’m not drawing any inferences, he’s gone now. However, the break-ins are not stopping.”

Antonie refused to jump to any conclusions.

“These were all organisations which have high levels of security and they are being breached,” said Antonie.

Newham laid the blame directly at President Jacob Zuma’s feet.

“He’s the person who directly appoints the head of the police, who has direct control over what happens to the head of crime intelligence, and the minister of police appoints the head of the Hawks under the guidance of Cabinet, and the president can certainly influence that,” Newham noted.

“So they appoint people who are both incompetent and dishonest to the police. They immediately appointed someone who was known to be dishonourable to head the Hawks, and did not ensure [former crime intelligence head] Richard Mdluli was removed from the police as soon as possible.

“It’s very worrying this is happening so quickly after the Hawks incident; it shows there’s a group out there with the capacity to break into criminal justice agencies and it has the immediate consequence of placing prosecutors and investigators under severe strain. Their details are now in the hands of criminals and they can now be targeted for intimidation or for interference. How do you feel when your employer can’t keep your information safe?

“This is part of a longer-term pattern we’ve seen. There was the break-in at the Interpol offices in 2014 where computers containing information on transnational crime were taken, the Helen Suzman offices were broken into, political parties, parliament … so it all seems to be part of a broader and ongoing pattern,” said Newham.

“We don’t know if it is all linked but certainly it is something that is not just suddenly happening.”

It doesn’t stop there.

Advocate Muzi Sikhakhane’s home was broken into while he was representing EFF leader Julius Malema.

Former judge Mabel Jansen’s home was also burglarised, with the robbers asking for Malema’s files.

SA Revenue Service (Sars) insiders have confirmed that during late 2014, members of its High Risk Intervention Unit reported strange incidents to the Sars executive and police.

These included surveillance – including the wife of one member – and thefts where only computers, memory sticks and cellphones were taken.

In one case, a hard drive containing details of most of the member’s projects was also taken.

“I think the targeting of the NPA and Hawks is particularly worrying because both those agencies would have sensitive information about not only who is being investigated potentially to be prosecuted, but the names of prosecutors and investigators who have been working on cases, as well as witnesses,” Newham noted.

“But when you have Mdluli, the head of the police’s crime intelligence, facing criminal charges for a variety of violent crimes and corruption, it has had a devastating effect on the division and its performance has deteriorated substantially,” Newham said, “as long as he receives political support, and is not hauled before an internal disciplinary inquiry.

Ntlemeza’s name also cropped up again.

“He’s a close ally of Mdluli and we know from the courts Ntlemeza is a dishonourable and dishonest individual. And when people are known to be dishonest it would not be too far-fetched for them to be involved in criminal activity.

“If I was putting together a crack Hawks task team I would at least be considering the potential involvement of people like Ntlemeza and Mdluli in this,” Newham said.

“They should come under very close scrutiny; you can’t have a situation where people are in the state and are abusing their state capacity and resources to commit crime.”

Meanwhile, EWN reported on Tuesday that controversial Hawks Brigadier Nyameka Xaba is reportedly a suspect in the Gauteng DPP break-in.

Xaba and several other Hawks officials rose to prominence last year after they were accused of taking Sars employee Vlok Symington hostage at his workplace. Xaba, the head of the crimes against the state unit, also led the discredited investigation into the then finance minister Pravin Gordhan.

The Hawks’ Hangwani Mulaudzi told EWN, however, that Xaba was on leave and that it was “absurd” to attempt to link him to the break-in.