SPY TRIAL : EFF secures Zuma-era SSA spy records as Idac stands by R12m case

The Investigating Directorate Against Corruption (Idac) says it stands by its case against two former State Security Agency (SSA) officials accused of fraudulently withdrawing R12-million to fund Project Mayibuye, as their lawyers prepare to ask the court to discharge them without presenting a defence.

On Thursday, 29 October 2026, a day after the State closed its case against Patrick Mshothola and Thulani “Silence” Dlomo, the defence indicated that it would bring an application in terms of Section 174 of the Criminal Procedure Act, arguing that the prosecution had failed to present sufficient evidence.

But Idac spokesperson Henry Mamothame told Daily Maverick that the directorate remained confident that the charges could be sustained.

“Upon careful assessment of available evidence, we take the view that the charges preferred against the accused were sustainable during trial. This matter was presented at the case assessment panel and we received confirmation that it was correctly authorised and the charges fall within the Idac mandate,” Mamothame said. 

His comments come as Idac reviews more than 40 cases as part of its ongoing “reset”. The process has already affected several high-profile prosecutions, including cases involving National Police Commissioner Fannie Masemola, former Crime Intelligence boss Dumisani Khumalo and the long-running R191-million “blue lights” case against former acting police commissioner Khomotso Phahlane.

Mshothola and Dlomo face charges relating to the alleged fraudulent withdrawal of R12-million in three tranches in 2015 to fund Project Mayibuye. The project was one of several covert operations that came under scrutiny during investigations into the politicisation of the SSA during former president Jacob Zuma’s administration.

The trial, sitting at the Gauteng Division of the High Court in Pretoria, has heard evidence linking Mayibuye to efforts to gather intelligence on the EFF and infiltrate the party at a time when it was emerging as a significant political opponent of the ANC and Zuma.

EFF wants the Mayibuye records

On Thursday, the EFF approached the high court seeking access to court records and transcripts relating to the operation to infiltrate the party and its parliamentary caucus.

The request was granted following discussions with the presiding judge, Mashudu Munzhelele, and the legal teams, with the judge requesting that the agreement be put in writing.

“We are seeking access to transcripts of open-court proceedings, exhibits and other relevant court documents to establish the full record of evidence concerning the operation, including testimony that the SSA used a contract involving Korolo Investment Holdings to fund the operation against the EFF,” the party said.

This follows several days of evidence about Project Mayibuye and what the operation allegedly intended to achieve.

On Wednesday, Mr D, a former SSA official whose identity is protected by a court order, testified that there was nothing to suggest the EFF posed a threat to national security at the time it was targeted.

“Is there anything that indicates that the EFF was a threat to national security?” asked advocate Terry Motau, who is assisting Idac’s prosecution.

“No,” Mr D replied.

One of Project Veza’s preliminary findings, according to Mr D, was that Project Mayibuye had not been properly authorised. Project Veza was an SSA investigation that looked into Project Mayibuye and other Special Operations projects, and uncovered alleged wrongdoing and irregularities within the agency.

His testimony came days after the court heard more details about how the operation allegedly targeted the EFF when the party was barely two years old, but had already emerged as a significant political opponent of the ANC and Zuma.

On Monday, another former SSA official, identified as Mr B, testified about an operation that allegedly involved infiltrating the EFF and gathering intelligence from inside the party.

News24 reported that Mr B said the operation ran from shortly before the chaotic State of the Nation Address in February 2015 until January 2016, when the flow of money dried up.

A wider Zuma-era intelligence operation

The allegations surrounding Operation Mayibuye are not new. Years before the current trial, the State Capture commission and the high-level review panel into the SSA heard extensive evidence about the use of intelligence structures and public money for activities that had little or nothing to do with legitimate national security concerns.

Daily Maverick previously reported that evidence before the State Capture commission showed that Mayibuye was one of several projects run through the SSA’s Special Operations structures.

The commission heard evidence about operations targeting not only political formations but also the judiciary, civil society, Fees must Fall movement and other perceived threats to Zuma.

One operation under Project Mayibuye, known as Operation Justice, was allegedly aimed at recruiting sources within the judiciary. Evidence presented to the commission described efforts to obtain informants who could be used to influence what was happening within the justice system.

The commission also heard evidence about large amounts of cash being withdrawn through the SSA’s covert structures.

One SSA official testified that she approved R13.5-million in payments for Project Mayibuye between April and August 2016 without knowing where the money would ultimately be spent.

The high-level review panel into the SSA painted an equally troubling picture.

It found serious politicisation and factionalisation within the intelligence services and said the Special Operations unit had effectively become “a law unto itself”, Daily Maverick reported. 

The panel found that intelligence structures had been used for activities including spying on the media, infiltrating movements opposed to Zuma and monitoring political activity.

Project Veza later examined SSA operations between 2012 and 2018 and found that various projects initiated by Dlomo and the Special Operations Unit “were established in breach of the SSA’s policy and regulatory prescripts”.

The investigation uncovered alleged illegal surveillance and about R1.5-billion in public funds that could not be properly accounted for.

The State Capture commission subsequently found evidence of “gross non-compliance” with operational and financial rules, particularly in the establishment of covert projects and special-purpose vehicles used to channel money from the agency.

Case was properly authorised, says Idac

It is against that broader history that Mshothola and Dlomo are now standing trial over the R12-million allegedly withdrawn through Project Mayibuye.

The State alleges that the money was withdrawn through three temporary cash advances linked to a purported contract with Kimberley-based Korolo Investment Holdings.

Daily Maverick previously reported that the State alleges the contract and invoices were fraudulent, while the company’s director told investigators that he had not signed the agreement, had never met Dlomo and that the company did not receive the money.

Daily Maverick asked Idac whether it was satisfied that the evidence presented during the trial was strong enough to sustain the charges, and whether the prosecution could become one of the cases reviewed as part of the directorate’s ongoing “reset”.

Mamothame said the case had already gone through Idac’s assessment process and had been correctly authorised.

Judge questions defence bid

The defence will now attempt to convince the court otherwise.

Its Section 174 application will possibly argue that after the State has called its witnesses and placed its evidence before the court, there is still not enough evidence on which a reasonable court could convict Mshothola and Dlomo. 

Advocate Muthwa Sithole, representing Dlomo, told the court that the defence would endeavour to prepare and submit its written arguments by midnight. Judge Munzhelele was initially reluctant to have the arguments submitted in writing.

“Why do you want it to be in writing? You are not going to be dealing with contradictions and credibility and all that because I’m not going to entertain them,” Munzhelele said.

Sithole responded that they would not. The discharge application will be heard on Friday, 30 October 2026. If the court grants the application, Mshothola and Dlomo will be discharged without having to present their defence.

If the application is dismissed, the trial will continue and the pair will be required to present their case. DM