President Thabo Mbeki has appointed former Supreme Court of Appeal president Judge Josephus Johannes Francois Hefer to chair the commission of inquiry into allegations of spying made against National Director of Public Prosecutions (NDPP) head Bulelani Ngcuka.
Hefer will look into allegations that Ngcuka was registered with the special branch of the then police force or any of the agencies of the previous apartheid government. In particular he will look into the applicability of the registration of the code RS452 to Ngcuka.
The allegations against Ngcuka arose during the probe by Ngcuka’s Scorpions unit which investigated alleged corruption involving Deputy President Jacob Zuma.
After Ngcuka decided not to prosecute Zuma, national Sunday newspaper City Press reported allegations that Ngcuka had been investigated by African National Congress (ANC) structures for alleged spying. He has denied the allegations.
Hefer will be the only member of the commission, Justice and Constitutional Development Minister Penuell Maduna said in a statement on Friday.
The commission’s terms of reference are to inquire into, report on, and make recommendations regarding whether at any stage prior to 1994, the NDPP was:
- registered with the security branch or any other security service of any pre-1994 government as an agent under the code name RS452 or any other code name; and
- acting as an agent for the security police and/or National Intelligence Service of any pre-1994 government.
These terms can be amended, varied, or added to.
The commission will start work immediately, and report to Mbeki within one month, or as soon as possible thereafter.
Maduna said Cabinet believed that dealing with the issue in this way would help all concerned to determine, demonstrate, or prove whether, among other things, Ngcuka had improperly and in violation of the law taken advantage of his office.
In particular, whether he had advanced, promoted, or prejudiced or undermined the rights and interests of any person or political party due to his alleged past obligations to the apartheid regime.
”We hope that all those persons who have publicly declared that they have relevant information in this regard, as well as those who might know anything about the said allegations, or who might render any help to the commission, will come forward,” Maduna said.
The commission would not be inquiring into the National Prosecuting Authority or any directorate or division thereof, nor affect their day-to-day activities or functioning.
He reiterated that the president and Cabinet had full confidence in Ngcuka. – I-Net Bridge, Sapa