A damning affidavit implicating former State Security Agency (SSA) director-general Sonto Kudjoe in suspicious transactions totalling R100-million has disappeared in the hands of the Zondo Commission of Inquiry into allegation of state capture.
The Hawks, who were investigating the matter, were also elbowed out of the probe just when they deemed the case was ready for prosecution.
Records of evidence against Kudjoe also disappeared in the SSA’s headquarters, Musanda.
The startling revelations are contained in protected disclosure document, which was sent to Parliament’s Joint Committee on Intelligence and Security, and Office of the Inspector General by a whistleblower.
Kudjoe, who had to resign as secretary of defence earlier this year due to ill health, has been the subject of the investigation relating to suspicious transactions amounting to R100-million in respect of temporary advances in hard cash to run special projects by her office between 2014 and 2016.
In July, a high-ranking official in the SSA called for high-level intervention in the case from the Inspector General of Intelligence, Parliament’s joint standing committee on intelligence, and Minister in the Presidency Khumbudzo Ntshavheni, citing the matter as one of the examples that the agency faced the risk of collapsed governance.
In the document , the whistleblower, whose name is known to Sunday World, said investigations into cases of gross financial misconduct and suspicious financial transactions have encountered “gut-wrenching challenges” so far, including the suspension of officials who are demanding financial accountability.
The whistleblower claimed that the SSA was failing to learn from its past errors and was not putting President Cyril Ramaphosa’s advisor Sydney Mufamadi’s high-level review panel’s recommendations into practice, which includes among others restructuring the agency.
The whistleblower said outgoing SSA DG Thembi Majola, who had business ties with Kudjoe, joined the agency when a criminal case was already opened against Kudjoe, and the state capture commission was sent an affidavit exposing those who “misled the commission by the acts and omissions,” including Kudjoe, using “baseless and scapegoat-seeking accusations”.
“I was cautiously optimistic that Majola was going to provide full support to the law enforcement agencies in the investigation of the former DG. Events that followed made me doubt her impartiality,” said the whistleblower.
The whistleblower added that the affidavit dispatched to the Zondo commission “detailed suspicious transactions the former DG committed and the modus operandi used”.
“It appears that my submission fell through the cracks in the commission. The official responsible for the administration of the submission confirmed not to have seen the affidavit.”
After seeing no response from the commission and noting the confusion on how the case was handled between the Hawks and the ID, the whistleblower decided to take action, writing to the Zondo commission on May 9, 2022, to express concern.
But there was no response from the secretary of the Zondo Commission, Professor Itumeleng Masala, the whistleblower added.
“I have been making follow-ups with the ID investigator handling the case, and despite efforts made, it’s still not clear what happened to the submission.”
The whistleblower said on January 6 last year, they wrote to Majola, seeking SSA assistance in ensuring that the commission found a way to deal with the submissions in the affidavit.
“On 15 January 2023, DG responded that it was not a good idea for the SSA to be involved and that I engaged in the matter in my personal capacity and should continue doing so as an individual.
“I began to wonder if the refusal was not because I was pursuing a matter that involved a fellow director of Prosonbi Mineral Resources, notwithstanding that the entity was de-registered,” he said.
The whistleblower said on May 5 last year, ID requested additional records from the SSA, including operational documents such as project plans and reports to support the R100-million taken in the form of temporary advances Kudjoe allegedly claimed was for special projects.
“According to the manager in the office of the DG, the documents were handed over to the DG’s office before Majola arrived at the agency.
“To date, the office of the current DG has not confirmed or refuted the handover claim. These are operational documents of projects valued at millions that have been alleged to be sensitive”.
Questions sent to the SSA two weeks ago related to the summarised contents of the protected disclosure were not answered.