/ 25 June 2004

National assembly mildly rebukes Ngcuka

The National Assembly has given the nod to an ac hoc parliamentary committee report expressing its disapproval of the actions of National Director of Public Prosecutions Bulelani Ngcuka which had prejudiced the dignity of Deputy President Jacob Zuma. This boils down to a mild rebuke of the actions of Ngcuka.

The report was given the nod by all parties although the Democratic Alliance objected to the fact that neither the public protector Lawrence Mushwana nor the national director had been called before the ad hoc committee — which was established and sat for less than a month — on the special report of the public protector.

Ad hoc committee chairperson Ismail Vadi, an African National Congress MP, described the report as ”not punitive but remedial” and urged the two institutions to forge a more harmonious relationship in the future. He had earlier this week called for a ”mild rebuke” of Ngcuka, who is married to Minerals and Energy Minister Phumzile Mlambo-Ngcuka.

The Mushwana report, which arose out of a complaint by the deputy president after Ngcuka said — on 23 August last year — there was prima facie case of corruption against Zuma but insufficient evidence to prosecute him.

The statement arose out of an allegation that Zuma had elicited a R500 000 bribe from a company involved in the equipping of the South African National Defence Force. Zuma has repeatedly denied this allegation.

Mushwana said the national director and the prosecuting authority failed to cooperate with him in the investigation of Zuma’s complaint and they had infringed upon the deputy president’s constitutional right to human dignity and thereby caused him ”to be improperly prejudiced”.

The report noted that the Inkatha Freedom Party and the Democratic Alliance did not agree with the latter recommendation.

DA MP and former deputy justice minister Sheila Camerer said the official opposition wanted to hear Ngcuka’s account of his actions to determine whether his conduct was justifiable. IFP chief whip Koos van der Merwe agreed that Ngcuka should have been called.

The ad hoc committee recommended to the house that the organs of state recommit themselves to uphold and promote the principles of cooperative governance as well as the rights enshrined in the Bill of Rights.

It called on Justice Minister Bridgette Mabandla to convene a meeting with Ngcuka and the public protector to resolve any differences that may exist between them and to ensure the development of effective measures which enhanced co-operative relations between the two organs — ”and report to the national assembly within 60 days of this resolution”.

It also called on Mabandla to provide for the establishment of a ministerial coordinating committee to deal with such matters be implemented and report to the assembly within 60 days. – I-Net Bridge