EFF Seeks Court Records in R12m Spy Trial as Defence Challenges Evidence
The Economic Freedom Fighters (EFF) has approached the Gauteng High Court in Pretoria seeking access to court records in the R12 million fraud trial involving two former State Security Agency (SSA) officials, as allegations of an intelligence operation targeting the party continue to emerge during the proceedings.
In a statement published on Thursday, 29 October 2026, the EFF said it wanted access to transcripts of open-court proceedings, exhibits and other relevant documents from the trial of Thulani Dlomo and Patrick Mshothola.
The party said the records would help establish the full details of the evidence concerning Project Mayibuye, a covert intelligence operation dating back to 2015 that allegedly targeted the EFF and its parliamentary caucus.
The latest development follows testimony from former intelligence officials about the operation and a separate legal dispute over public access to the criminal proceedings.
EFF wants access to evidence
The EFF said it was seeking the official court record to examine testimony and documents relating to the alleged infiltration operation.
The party specifically referred to evidence concerning a contract involving Korolo Investment Holdings, which prosecutors allege was linked to the movement of approximately R12 million in State Security Agency funds.
The EFF said access to the records would help it understand the evidence and consider further legal action.
The party has previously announced plans to pursue complaints with the South African Police Service and the Inspector-General of Intelligence over the alleged operation.
However, the latest application is a request for access to records. It should not be interpreted as a court finding that the alleged political targeting was unlawful.
Witnesses describe alleged infiltration operation
The criminal trial has heard testimony from protected former intelligence officials about Project Mayibuye.
On Wednesday, 28 October, a witness identified in court as Mr D testified that there was no evidence indicating that the EFF posed a threat to national security when the operation was undertaken.
Earlier testimony described an alleged effort to infiltrate the party and its parliamentary caucus, gather information about its activities and recruit members to join another political party.
According to reporting by Daily Maverick, a protected witness told the court that he had been recruited and paid for the operation and that some money was allegedly shared with a source inside the EFF.
Another witness reportedly testified about preparing intelligence reports on political activities, including those of the EFF’s leadership.
These accounts form part of the evidence presented in the criminal proceedings. Their legal significance and the allegations against the accused remain matters for the court to assess.
Defence questions conclusions about operation
The defence has challenged aspects of the testimony concerning Project Mayibuye, including whether shortcomings in the operation’s documentation meant that it was unlawful.
During questioning reported by Daily Maverick, lawyers representing Dlomo and Mshothola questioned the witness about the legal requirements for intelligence operations and whether deficiencies in the operational plan necessarily invalidated the approvals given by officials.
The witness maintained that the documentation was inadequate and that the operation should have been paused until the necessary assessments had been completed.
The defence’s challenges are an important part of the proceedings. The testimony of a witness does not, by itself, amount to a final judicial finding on the legality of the operation or the guilt of the accused.
R12 million at the centre of criminal case
Dlomo, a former senior intelligence official, and Mshothola, who previously worked as an investigator and project manager within the SSA, face charges including fraud, theft, forgery and uttering relating to approximately R12 million.
According to the prosecution’s case as reported in court coverage, the alleged financial irregularities involved three temporary cash advances linked to a purported contract with Korolo Investment Holdings.
Court reporting has also referred to claims that the company’s director told investigators he had not signed the agreement or met Dlomo and that the company had not received payment from the SSA.
These claims have not been established as findings against the accused. Both men are presumed innocent unless proven guilty.
The National Prosecuting Authority previously confirmed that the two former officials were arrested in November 2025 and charged in connection with the alleged misappropriation of state funds.
Separate court ruling opened proceedings to public
The EFF’s request follows a separate legal challenge brought by media organisations after restrictions had limited public and media access to parts of the trial.
On 22 October, the Gauteng High Court varied the restrictions and allowed the trial to proceed in open court, subject to safeguards protecting intelligence sources, operational methods and classified information.
The court also ordered the SSA to provide four exhibits to the media applicants. However, the ruling did not automatically make all disputed intelligence records publicly available.
The EFF’s latest application concerns its own request to access transcripts, exhibits and other court documents.
The extent of access granted to the party will depend on the court’s decision and any restrictions imposed to protect sensitive material.
Questions remain over intelligence accountability
The case has raised questions about the use of public funds, the authorisation of covert intelligence operations and the safeguards intended to prevent intelligence structures from being used for improper purposes.
The EFF argues that access to the official record is necessary to establish what happened and determine what further action may be warranted.
The defence, meanwhile, has challenged the interpretation of evidence concerning the operation’s authorisation.
The court proceedings will determine the criminal charges against the two former officials. Any additional complaints or investigations arising from the allegations will require their own processes and findings.
ECNewsLive will continue to follow developments in the case, including the court’s decision on the EFF’s request for access to the records.
