We have detected that the browser you are using is no longer supported. As a result, some content may not display correctly.
We suggest that you upgrade to the latest version of any of the following browsers:
close notification
Nati
onal director of public prosecutions Bulelani Ngcuka's accusers
appeared to be left on flimsy legal ground by the end of
Wednesday's proceedings before the Hefer Commission.
Judge Joos Hefer ordered their advocate, Steven Joseph, to stop
cross-examining Ngcuka on alleged power abuses before covering his
clients' spy claim against the chief prosecutor.
This was after the commissioner had ruled that the spy claim and
power abuse allegations against Ngcuka were linked.
He first had to establish whether national director of public
prosecutions Bulelani Ngcuka was an agent for the apartheid
government. If he did not make a positive finding on this, his
probe into the power abuse allegations fell away, Hefer
decided.
His ruling cleared up a long-standing difference of interpretation
of Hefer's terms of reference between the different legal teams
involved in the proceedings.
It implied that all power abuse allegations against Ngcuka not tied
to the spy allegations were not for Hefer's commission to decide
over.
The spy claim against Ngcuka has already been practically destroyed
by refuting evidence before the commission. It should therefore be
very difficult for Mac Maharaj and Mo Shaik's legal team to link
their allegations that Ngcuka abused his official powers to their
original spy claim.
Hefer's ruling on his terms came on Wednesday afternoon in the
middle of lengthy cross-examination of Ngcuka by Joseph. His
questioning had up till then had focused solely on alleged power
abuses.
He suggested that the chief prosecutor's Scorpions unit was the
only possible source of information that was leaked to the media
about both Maharaj and Shaik's brother, Schabir.
Both are being investigated by the Scorpions. It has been alleged
that Schabir bribed Maharaj during his ministerial term to procure
contracts from his department.
Ngcuka testified that he ordered an investigation into whether
someone from his office leaked information about Maharaj to the
media. The result was inconclusive.
He speculated that Schabir himself leaked some of the information
to the media in an effort to "drag" Maharaj into the criminal case
against him.
His aim with this could have been to ensure political intervention
(into the investigation against him), Ngcuka suggested.
He said he knew "for a fact" that "a number of things" had been
leaked to the media by people other than his officers.
He was apparently referring to earlier allegations that Schabir
himself leaked to the media the fact that Deputy President Jacob
Zuma was linked to the investigation against him.
Earlier on Wednesday, Ngcuka denied both the spy and power abuse
allegations against him. He said it had caused "incalculable"
damage to the National Prosecuting Authority, which he
headed.
He maintained that he was not at the commission to clear his name
or prove his innocence, because there was no reason for that.
"The reason I am here is to defend an institution established by
the Constitution the National Prosecuting Authority."
Ngcuka reiterated that the NPA would continue investigating, and,
if necessary, prosecuting those who broke the law, "no matter how
wealthy or powerful they might be".
He added that he never thought he would have to investigate or
prosecute any senior member of the movement that had created South
Africa's current political and moral order.
Hefer adjourned the proceedings on Wednesday afternoon until 8.30am
on Thursday- Sapa
Photos
