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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