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Depu
ty President Jacob Zuma has lashed out at National Director of
Public Prosecutions (NDPP) Bulelani Ngcuka, accusing him of
attempting a "character assassination exercise" against him.
Zuma yesterday lodged a formal complaint with Public Protector
Lawrence Mushwana against the way the directorate conducted its
investigation against him over the past three years.
In a statement, he said his complaint focused on the abuse of
power, particularly related to the manner in which the
investigation was conducted and the conclusion, and the manner in
which this was communicated, as well as the reported continuation
of the investigation.
"I have said in my submission to the Public Protector that I
contend that there was no basis for the continuation of the
investigation, given the fact that the NDPP became aware very early
on in the investigation that there was no basis for the
allegations, which they claimed initiated the investigation against
me - the alleged attempted solicitation of a bribe by myself from
the French company, Thales, as part of corruption in the arms
deal".
As early as 2001, the Thales representative concerned informed the
NDPP during questioning that no such attempt had been made to him,
by Zuma or anybody else within the South African government.
This was further confirmed later in correspondence sent to the NDPP
by the chairman of Thales, who according to the allegations, was
supposed to be one of the recipients of the "encrypted fax"
soliciting a bribe.
The NDPP was further aware of the impossibility of Zuma's
involvement in the arms procurement process, as it had been part of
the three agency Joint Investigation Team into the arms deal and
helped draft the report.
"I have never questioned the right of the NDPP to investigate me
should he believe there was reason to do so, but I strongly believe
that they had no basis to continue with the investigation despite
the information they received from the French," Zuma said.
"I assert that the NDPP conducted the investigation in bad faith,
motivated not by the need to earnestly search for the truth, but to
cast aspersions on my integrity.
"An example of this is the manner in which detailed confidential
information about the investigation was made readily available to
certain sections of the media".
Legislation prevented such information being disclosed without
Ngcuka's permission, or a person authorised in writing by
him.
"The off-the-record briefing between the National Director and a
select group of black editors in July this year also substantiates
the view that the release of personal and confidential information
about me to the media was part of a campaign aimed at destroying my
reputation and to perpetuate mysterious agendas, rather than to
further the course of justice".
Zuma said he was told Ngcuka gave the editors extensive details of
"my personal finances and made other negative and damaging
statements".
"This was definitely no ordinary media briefing; it was a character
assassination exercise.
"My complaint to the Public Protector therefore is that in
releasing or allowing information about the investigation to be
released, the National Director was not acting in 'good faith' and
was acting contrary to the spirit of the law and the
Constitution.
"What he did was a political act and definitely not a legal act. In
this regard, I contend that the National Director abused the
position, authority and power bestowed upon him by his
office.
"I also raised with the Public Protector, my contention that the
conclusion of the investigation against me was extremely
prejudicial".
Ngcuka's decision not to prosecute, while at the same time stating
that there was a "prima facie" case, had effectively denied him the
opportunity to defend himself, both as a citizen and as Deputy
President, Zuma said.
"The decision also closed any possibility or avenue for me to
answer to the allegations, which were apparently believed to have
some basis of truth, by both the NDPP and the Minister of Justice
(Penuell Maduna)".
Because of reports the investigation was continuing, he was no
closer to certainty about the status of the investigation against
him, which started as early as 2000.
"I consider this to be a serious matter because I am convinced that
the National Director cannot be able to deal with any investigation
against me with the necessary objectivity.
"If there is no malicious agenda against me, I would like to know
the reason for this permanent state of investigation.
"It appears that the National Director is continuing with the
strategy to keep me permanently under a cloud of suspicion.
"I believe that the conduct of the NDPP was designed to, and
succeeded in, infringing my rights to privacy. I also believe that
he has acted in bad faith and abused the power of this
office.
"I hold the view that the arms deal was used as a decoy or excuse
by the NDPP and in particular the Scorpions, to investigate my
personal life and given these facts, I am left with no alternative
but to conclude that the investigation was designed in the main to
further agendas that remain unknown to me.
"This behaviour is unacceptable in a democracy and should not be
allowed to continue," Zuma said. – Sapa.
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