Gauteng High Court: SSA Project Mayibuye EFF Targeted, No Security Threat

• A State Security Agency operation, Project Mayibuye, targeted the EFF in 2015.
• Testimony in the Gauteng High Court Pretoria indicated no national security threat from the EFF justified the operation.
• Millions of rand were channeled through Project Mayibuye, with R12-million allegedly stolen.
• Former SSA officials Thulani Dlomo and Patrick Mshothola are on trial for fraud and theft related to the operation.
• The Investigating Directorate Against Corruption is prosecuting the case, questioning the operation's legitimacy.

The testimony that Project Mayibuye, an SSA initiative, targeted a political party without a legitimate national security basis raises serious concerns about the potential for abuse of power within state institutions.

Proceedings at the Gauteng High Court in Pretoria recently revealed critical details concerning a clandestine State Security Agency (SSA) operation known as Project Mayibuye. Testimony presented on Wednesday, 28 October, indicated that this secret initiative, launched in 2015, specifically targeted the Economic Freedom Fighters (EFF) political party. A former SSA official, identified only as Mr D to protect his identity, provided evidence suggesting that despite the operation's focus, there was no information to indicate the EFF posed any threat to national security.

The court heard that Project Mayibuye proceeded despite this lack of justification, with substantial public funds, amounting to millions, being channeled through it. This revelation emerged during the ongoing trial of two former SSA officials, Thulani "Silence" Dlomo and Patrick Mshothola. Both individuals face charges of fraud and theft, specifically involving R12-million that is alleged to have been diverted through the very same Project Mayibuye. The case underscores significant questions about the appropriate use of state intelligence resources.

Project Mayibuye, initiated by the State Security Agency in 2015, was designed with specific objectives: to gather intelligence on the EFF and to exploit internal divisions within the party. Mr D's protected testimony was central to understanding the nature of this operation, confirming its existence and its direct targeting of the political entity. Crucially, his evidence highlighted the absence of any intelligence suggesting the EFF constituted a national security risk, directly contradicting the implied premise for such an extensive state operation.

The financial scale of Project Mayibuye also came under scrutiny, with the court being informed that millions of rand were allocated and spent through this particular initiative. This financial aspect forms a key part of the current legal proceedings, linking the operational activities directly to allegations of financial misconduct by high-ranking former intelligence officials. The operation's mandate and execution are now being rigorously examined under legal review.

The current trial in the Gauteng High Court Pretoria centers on the alleged financial impropriety linked to Project Mayibuye. Thulani "Silence" Dlomo, who previously headed the Chief Directorate of Special Operations at the SSA and later served as an ambassador to Japan, is a central figure in the accusations. Often referred to as Jacob Zuma's former "superspy," Dlomo, alongside Patrick Mshothola, stands accused of fraud and theft involving R12-million. This substantial sum is alleged to have been illicitly channelled through the very operation that targeted the EFF.

The Investigating Directorate Against Corruption (Idac) is spearheading the prosecution, with Advocate Terry Motau assisting in the case. During the proceedings, Advocate Motau posed a direct and critical question, asking if any evidence existed to suggest the EFF represented a national security threat. This line of questioning directly challenges the legitimacy of Project Mayibuye and the actions of the accused officials, placing the burden on the state to justify its intelligence activities.

This ongoing trial holds significant implications for state accountability and the boundaries of intelligence operations. The testimony that Project Mayibuye, an SSA initiative, targeted a political party without a legitimate national security basis raises serious concerns about the potential for abuse of power within state institutions. The alleged channeling of R12-million through such an operation further highlights the critical need for stringent oversight of public funds allocated to covert activities.

The proceedings in the Gauteng High Court Pretoria are therefore crucial for establishing precedents regarding the legal scrutiny of state intelligence mandates. It underscores the principle that operations like SSA Project Mayibuye, which lack a clear and justifiable national security imperative, should be prevented from ever commencing. The outcome of the Thulani Dlomo Patrick Mshothola trial will undoubtedly influence future discussions on the scope of intelligence agencies' powers and the legal recourse available to entities targeted without proper cause.

This case highlights the legal scrutiny of state intelligence operations and the potential for challenging actions that lack a legitimate national security basis. Lawyers should monitor the trial's outcome for precedents regarding state accountability, the scope of intelligence mandates, and potential avenues for legal recourse for entities targeted by such operations.

Source: Original reporting via Daily Maverick.