Police informants and agents of crime intelligence operate in areas where sharing the wrong information can cost lives.
Oupa Brown Mogotsi made this assertion as he appeared before parliament’s ad hoc committee on police corruption; challenging members on their assumptions about the inner workings of police work.
Although speaking under oath, Mogotsi’s testimony was disputed, as members and evidence leaders questioned his inability to provide any assurances other than his word.
Over 25 years at crime intelligence
As he did at the Madlanga Commission of Inquiry, Mogotsi made claims about being an operative of crime intelligence and accused the Zulu royal family of having ties to the CIA.
He also asserted that KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi kept his relationship with Vusimusi “Cat” Matlala secret.
Dressed in black shit shirt with a white suit jacket with broad black lapels, Mogotsi was calm as he opened by explaining he was primarily a businessman who owned several liquor outlets, a meat supplier and a catering outlet.
“None of them comes from government by the way. I deal only with private companies,” Mogotsi said.
He then reiterated that he had been involved with crime intelligence from 1999 to date, as either an informant or contact agent.
Explaining the difference, Mogotsi said informants could be arrested suspects whose intelligence leads to credible leads and further arrests, while agents have “a relationship with a handler” formed after being recruited.
‘You will realise how dangerous this is’
Mogotsi boasted that through his handler he was able to get operations approved through Section 252A forms that allowed him to contact dubious businesses.
Section 252A of the South African Criminal Procedure Act guides undercover operations and the exemption of criminal liability when conducting investigations.
Doing much of the talking with only mild interrogation from evidence leader advocate Maria Mokhaoetsi, Mogotsi expressed a desire to divulge classified information subject to a disclaimer.
Mokhaoetsi later questioned Mogotsi’s credibility and asked why there was no documented evidence of him being involved with crime intelligence.
“I would be dead. If one operater come and I say I am this, there is no way you can survive. There is no way,” said the witness.
He stressed that as an agent he had no KPIs or performance objectives that he could point to as only handlers had access to agents and vice versa.
“Honourable members, I am saying let’s not jump. We will get into the details. You will realise how dangerous this is,” said Mogotsi.
Mogotsi just a ‘layman’
The controversial North West businessman stated that as an agent he was given information to follow up on sources, which he was to either misdirect or influence – financially or by other means.
ActionSA’s Dereleen James was the first to lose patience with the witness, questioning Mogotsi on his knowledge of a 2021 national police instruction that guides the actions of handlers and agents.
“You are not supposed to be having information. You are supposed to be informing and providing information.
“Are you aware of the national instruction? This isn’t just any which way. You are recruiting people, people are working for you, it’s like you are the Saps member here.
“Your entire statement gives us the impression that you are a member of Saps, which you are not. You are an informant,” James fumed.
After a short pause, Mogotsi gave a nonchalant response.
“The honourable member and myself, we are in two different worlds. I can show you – it’s just I cannot give you names – but I have 10 handlers who can corroborate how much informants have been paid.
“I can hear she is referring me to a particular Act of the law, which a layman like me will just work with his handler,” he said.
Accuracy questioned
Mogotsi ran through several cases where police allegedly acted improperly, either by erroneously releasing suspects, not booking in evidence or not sending weapons for ballistic testing.
Mokhaoetsi questioned whether his statements were eyewitness accounts or the relaying of third-party information.
“It appears to be the same with most of these investigations that you are referring to. Even the one you just spoke to, were you involved in that operation or is this another thing you have heard about,” the advocate asked.
“It is not heard about. That one, I heard about it, I made calls, I was involved. I was not on the site. Remember, when you provide information, you cannot go to the scene,” explained the alleged agent.
*Committee members are expected to begin questioning Mogotsi after 3pm on Tuesday
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