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The former house manager of ANC veteran Mathews Phosa has told the court how he feared his boss and how vindictive he was.
Jan Venter was on the stand at the Northern Gauteng High Court where Mpumalanga Premier David Mabuza has filed a R10 million lawsuit against Phosa after Phosa submitted a dossier to ANC deputy secretary-general, Jessie Duarte, in September 2014 alleging that he was an apartheid spy.
According to the report, Mabuza was an apartheid spy code-named PN485 who spied on senior ANC leaders – including President Jacob Zuma, Basic Education Minister Angie Motshekga and the late Albertina Sisulu – between 1985 and 1993.
The report alleged Mabuza worked with notorious apartheid killers Eugene de Kock, the former Vlakplaas commander, and security policeman Butana Nofomela.
Two affidavits
Phosa senior counsel, Mike Maritz, was cross-examining Venter on his two affidavits.
The first affidavit, which Venter wrote to North-West deputy police commissioner Major-General Jacob Tsumane in 2014, claimed that he saw Phosa and his business associate, Nick Elliot, drafting the spy report at Phosa’s house in Hazyview. Venter wrote this affidavit after they had a labour dispute and he resigned from his job.
Venter later apologised to Phosa and wrote another affidavit claiming that he had lied. He also alleged that Mabuza’s lawyer, Ian Small-Smith, had paid him money to lie about Phosa. The deal was that Phosa was going to drop all criminal and civil charges involving theft of R53 000 he had laid against Venter.
But now Venter has switched his loyalty back to Mabuza following his concerns that Phosa reneged on his promises to take care of his family and give him a job.
The case started in court yesterday but it appeared that Mabuza was reluctant to go on.
Phosa complained to the court’s registrar last year that the matter was taking long to sit and the court set the date for this week.
Venter said he feared for his life after his fallout with Phosa and decided to go to Mabuza to warn him about the spy report because Phosa was a vindictive person.
During that first meeting at Mabuza’s official residence in Mbombela, Venter said that Small-Smith took notes.
Thereafter, Venter said, Small-Smith deposited money into his bank account and also sent people to give him cash for his expenses because he was jobless. City Press has seen evidence of payments amounting to R15 000.
“I told [Mabuza] and [Small-Smith] stories about what I saw … tubing [smothering] of people [by Phosa’s security guards]. They tortured people,” he said.
“One day there was an Eskom helicopter flying over Dr Phosa’s house and his security guards pointed firearms at it. I had to contact Eskom to tell their pilot to move out of the area,” Venter added.
When Maritz asked Venter if he felt at risk because Phosa, as a high-profile person, had laid charges against him, he replied: “Definitely. And if Mabuza had done what I saw at Phosa’s house I would do whatever he told me to do. You don’t say no to these [high-profile and powerful] people.”
The out-of-court settlement
Meanwhile, Mabuza’s senior counsel, Advocate EC Labuschagne, asked Phosa for an out-of-settlement on May 5.
An email City Press has seen reads: “Our client has authorised us to propose a settlement.”
The terms of settlement, Advocate Labuschagne mentioned, stipulated that:
- The matter would be removed from the roll by agreement;
- Each party was to pay its own costs; and
- The parties agreed to issue a joint statement to the press on terms to be agreed, but making the following points: Dr Phosa confirms that he does not contend that the report annexed as annexure “A” to the particulars of claim is a genuine document [and] Dr Phosa confirms that he does not contend that Mr Mabuza was an apartheid era spy.
“We await your response,” Labuschagne concluded the email.
Phosa described this settlement as “silly”. Outside the court, he said: “[Mabuza] has brought this action to avoid an investigation into the allegations in the spy report.”
Phosa is a former ANC treasurer-general. He was Mpumalanga premier between 1994 and 1999, during which time he appointed Mabuza as his education MEC. He was now a lawyer and businessman.
Mabuza came to court with a delegation that included Mpumalanga ANC secretary Mandla Ndlovu, deputy-secretary Lindiwe Ntshalintshali, treasurer and safety MEC Vusi Shongwe and his spokesperson Zibonele Mncwango. The case continues.
