He told Sowetan that flat denials by ANC veteran Mathews Phosa at the North Gauteng High Court on Friday proved the report that said he was a spy was fabricated in recent years.
During cross-examination, Phosa said it was a “false proposition beyond any reasonable doubt” that he wrote the report.
He maintained that it was delivered to his house in White River, Mpumalanga, anonymously in an unmarked envelope.
Phosa sent it to ANC deputy secretary-general Jessie Duarte in September 2014.
He wanted the party to investigate whether or not Mabuza had spied on his comrades, some of whom were killed by the apartheid police.
The ANC did not investigate the claims. But instead the report was leaked to the media, with claims that Phosa had fabricated it.
Mabuza, who is suing Phosa for R10-million for defamation claiming he fabricated the report, said he came to establish the origins of the report.
“To my surprise, everything is being denied [by Phosa]. I’m satisfied that for the first time it has been established that there’s no owner [of] this document.
“Maybe there’s an angel that came from heaven [and] dropped the document, then [went] back to heaven [because] we can’t trace who the owner [is]. Unfortunately, we could not find the owner here [in court]. No one is accepting ownership.”
He said one of his witnesses, Jacobus Venter, a former police intelligence officer in the then Eastern Transvaal, proved beyond doubt it could not have been written during the apartheid era.
Venter testified that intelligence reports were not written in the manner the spy report on Mabuza was written. He said reports used to be written in Afrikaans and by hand, not typed.
Said Mabuza: “There’s everything that says this report does not belong to the old apartheid [regime]. It’s a new report that was created in the new South Africa.
“By whom, we don’t know because the defendant [Phosa] denied and we respect his denial.”
But, during cross-examination, Phosa gave the impression he still believed the claims should be investigated.
“The reason why I gave it to the leadership of the ANC was [that] the document contained very serious allegations [that] need to be investigated. People have died in the Struggle. Until today we don’t know who killed them.
“We need to know the truth. That’s why I gave it to the ANC,” Phosa said.
The matter will continue on a date yet to be determined.
