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Polity
Published: 12 Dec 2003
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| Ngcuka refuses to answer questions on off-the-record briefing |
The national director of public prosecutions, Bulelani Ngcuka, was
warned on Thursday that he might be committing an offence by
refusing to answer questions before the Hefer Commission.
Ngcuka refused to confirm or deny what he had allegedly said at an
off-the-record briefing he had hosted in July with a group of
editors.
He maintained that he would not break the confidentiality agreement
between him and the editors about the contents of that
meeting.
He further argued that he did not have to reveal the information
because it was in large part about continuing investigations by his
Scorpions unit, and therefore sub judice.
Judge Joos Hefer told Ngcuka that he might be committing an offence
if he did not have a just excuse for refusing to answer questions
put to him by advocate Steven Joseph. (Joseph acted for Ngcuka's
main accusers, Mac Maharaj and Mo Shaik.)
The Commissions Act obliges witnesses before judicial commissions
to answer questions put to them unless they had a just excuse not
to.
Hefer nevertheless refused to force Ngcuka on Thursday to answer,
saying he did not have the power to do so. A court had to decide
whether Ngcuka's excuse was just after he had been prosecuted for
the alleged offence, Hefer explained.
Former City Press editor Vusi Mona earlier submitted to the
commission his version of the off-the-record meeting, which he also
attended.
In it Mona alleged that Ngcuka made racist remarks and violated
people's constitutional rights by revealing private information
about them.
Ngcuka described Mona's version on Thursday as full of distortions
and inaccuracies. He denied the accusation that he described
Maharaj at the meeting "a straight-faced liar".
He already denied during his testimony-in-chief on Wednesday that
he made racist remarks or violated the Constitution - Sapa |