Former National Director of Public Prosecutions Bulelani Ngcuka is driving the investigation against him, according to national police commissioner Jackie Selebi. 702 Eyewitness News says this allegation is contained in Selebi's founding affidavit lodged with the Pretoria high court. The broadcaster has obtained a copy of the document.

Selebi has turned to the court to stop the National Prosecuting Authority from proceeding with prosecution against him. In an urgent application to be brought before the court on Friday, Selebi will ask for an interdict preventing any criminal prosecution of him.

The move is seen as the latest in a tit-for-tat battle between the NPA and the police. Gerrie Nel, the head of the Directorate of Special Operations in Gauteng, who heads the Scorpions investigation against Selebi, was arrested at his Pretoria home this week.

Nel's case was postponed to Monday to give the prosecution time to study the docket which contains charges of corruption and defeating the administration of justice.

According to the copy of the affidavit obtained by 702 on Thursday, Selebi argues that the Scorpions' case against him is nothing more than a scandalous plot. He says the Scorpions are fighting for their survival, and have
launched a media campaign against him in a bid to discredit him.

They failed to inform him that they were investigating him and Selebi maintains he has no idea what the allegations against him entail.

Selebi says Ngcuka is the man who is driving the investigation against him, and that Ngcuka still actively controls senior members of the Scorpions. Selebi claims the Scorpions wanted to discredit his friend Glenn Agliotti and tarnish him as a gangster and a drug lord, so as to
discredit Selebi by association.

Agliotti stands accused of the murder of mining magnate Brett Kebble. In his court application, Selebi says he wants more information about the charges the National Prosecuting Authority (NPA) intends levelling against him as well as those who gave affidavits against him.

NPA spokesman Tlali Tlali said the NPA would "strongly" oppose the application and confirmed that Selebi's legal team had served papers on the NPA on Thursday morning.

The case will be heard at 10am on Friday, said the office of presiding judge Nico Coetzee. The NPA on December 16 said it had made a decision on whether or not Selebi "had a case to answer", but has since not made public its
decision. The decision was made after the NPA received a report from a panel tasked with reviewing the criminal charges against the national police commissioner and current head of Interpol.

Selebi has come under fire over his involvement with convicted drug trafficker Agliotti, who is also accused of the murder of mining magnate Brett Kebble.

An arrest warrant against Selebi was cancelled in September. It was obtained by Nel from the Randburg Chief Magistrate in September last year for Selebi's arrest for alleged corruption, fraud, racketeering and defeating the ends of justice.

Acting Director for Public Prosecutions Mokotedi Mpshe had the arrest warrant cancelled shortly after taking the reins from suspended NPA boss, Vusi Pikoli. Pikoli was suspended in September due to an "irretrievable breakdown" in the relationship between him and the justice minister,
apparently relating to the investigation of Selebi.

Meanwhile Democratic Alliance spokeswoman on safety and security Dianne Kohler Barnard said in a statement that Selebi's action was not that of an innocent man. "For someone who has always claimed that he is innocent and has been quoted as stating that he will never be arrested, he was pretty quick off the mark with his application," she said.