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Mabuza v Phosa (8018/2015) [2017] ZAGPPHC 139

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Mabuza v Phosa (8018/2015) [2017] ZAGPPHC 139

5th May 2017

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The plaintiff is the present Premier of the Mpumalanga Province.  He is a senior, and, by all accounts, influential member of the African National Congress ("ANC") movement and government.

The defendant, not to be outdone, is a former Premier of the Mpumalanga Province and a former member of the National Executive of the ANC.  Indeed, the defendant served a five year term, from 2007 to 2012, as a member of the "Top 6" of the ANC in the position of its Treasurer-General.

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The defendant is also a qualified attorney and holds a B Proc and an LL.B degree.  Where he goes by the title of "Doctor", I assume that he also holds an honorary degree.On 21 November 2014, the contents of a document ("the Spy Report"), ostensibly prepared by the Security Police of the previous government, were published in the media.

The Spy Report is a finely printed, undated, four page affair (without an official ending) and it contains an indication that the plaintiff, named in the report but described in the body thereof as "Source", was enlisted as an agent of the Security Police in 1985 under Security Police Source number PN485.  The so called "handlers" of the Agent David "DD" Mabuza, or "Source", are said to be Warrant Officer Fundama and L T Venter.  Agent Mabuza is described as a high level Source "holding senior positions in various structures had high level contact with the leadership of the ANC in exile".  His area of operation is stated to be "student, labour and civic movements" and the "period of operation" is said to be 1985 to 1993.

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