SPY SAGA: Hunter becomes the hunted

It’s a case of the hunter becoming the hunted between politician-turned businessman, Mathews Phosa, and Mpumalanga Premier David Mabuza as the spy saga took yet another twist. Almost a year since Mabuza announced that he was suing Phosa for R10 million for defamation following the emergence of a report alleging that Mabuza was an apartheid-era spy, there has been no trial.This week it emerged that Phosa has turned the tables on Mabuza.

In an exclusive interview with Ziwaphi, he confirmed that he has successfully approached the High Court of South Africa, Gauteng Division in Pretoria for a trial date, after Mabuza had failed to do so a year since he announced he was suing Phosa.

Ordinarily, it is the plaintiff who applies for a trial date, however in this instance it was the defendant, after the plaintiff had failed to do so.

Phosa said that he decided to approach the court for a trial date because Mabuza was delaying justice for him.

“If the plaintiff had a valid claim, the plaintiff would have long applied for a trial date… I believe he does not have a valid claim and that this matter must be finalised quickly in the interest of justice. I’m calling him to come to court. Justice delayed is justice denied,” said Phosa.

The matter is now set for court at the High Court of South Africa, Gauteng Division in Pretoria on 9 May 2016.

During a media conference in November last year, a confident Mabuza denied the spy allegations contained in the report  and accused Phosa of being the author of the report which implicates Mabuza in a number of spying activities that included the capture of Mpumalanga born ANC operative, Portia Shabangu who was killed in Swaziland.

“I want him (Phosa) to prove that fact (spy allegations) in court. For now, all we know is that the document comes from him. He will tell us where he got it, and we will take it where it originates, but sitting here I know where it originates. That is why I’m saying he’s author of that document,” said Mabuza at the time.

More than a year later, however, Mabuza has not taken the matter to court, leaving Phosa no choice but to get a trial date.

Phosa said that if Mabuza were sure about his case it would not have taken him more than a year to apply for a trial date. He said the time for trial by the media was over.

“The time for making noise at press conferences is over,” said Phosa.

Earlier this year, Mabuza’s star witness, Jan Venter, had a default judgment against him for stealing Phosa’s money and was ordered to pay back over R53 000, making it difficult to use him as a witness.

Again in October this year, Venter turned his back on Mabuza and confessed that he was given money to implicate Phosa as the author of the alleged spy report, meaning that Mabuza no longer has a witness against Phosa.

During a press conference, Venter produced documents to prove that he had been getting money from another of Mabuza’s attorneys, Ian Small-Smith, which included almost R150 000 to pay for an advocate.

Small-Smith admitted giving money to Venter to help him pay his legal fees.

Venter also disclosed that he had been working with people from the office of President Jacob Zuma and the State Security Agency, and that he pulled out when he was told of a decision to kill Phosa.

Both the presidency and the State Security Agency denied that anyone in their respective offices had worked with Venter, even though Venter had provided telephone and SMS conversations between a person he claims was from the presidency.

Some of the numbers that Venter provided were positively linked to the offices of the State Security Agency in Pretoria and Cape Town.

Notwithstanding Venter’s backtracking, Mabuza’s lawyer, Davis Mculu, says they are ready for trial.

“We were planning on behalf of the premier to make the application (for trial date) in the beginning of January (2016) because we are now ready for trial. We’ve got everything in place,” said Mculu.

He blamed the delay to apply for a trial date on Phosa’s lawyers.

“We could not have done that (apply for a trial date) because what actually happened is that his (Phosa) lawyers had applied for a date of trial even before the pleadings could be closed,” said Mculu.

When asked if he had received Phosa’s notice of trial he said he had not seen it as he had been out of his office since the beginning of the month.

“It could be in my office, I have to check with my guys. So, it could be there or it may not be there, but I have not been told by my guys in the office,” said Mculu.

A stamp on the notice of trial, however, shows that Mabuza’s correspondent attorneys, Matabane INC. based in Pretoria, signed for the receipt of the notice of trial on November 12, 2015.

Phosa rubbished Mculu’s claims.

“We applied for trial after pleadings were closed. Our notice of set down was served on them. How can he not be aware of that? That is funny. They sued us. They must come and prove their claim. We are ready,” said Phosa.