National Director of Public Prosecutions Bulelani Ngcuka faced a series of tough questions before Stephen Joseph, SC, at the Hefer Commission of Inquiry on Thursday. Joseph is representing former transport minister Mac Maharaj and former African National Congress intelligence head Mo Shaik.
The commission was established to probe allegations that Ngcuka was an apartheid spy.
Joseph’s line of questioning focused on a warrant that the Scorpions obtained to search the house of Mo’s brother, Schabir. Joseph said the investigators had carried away “carloads” of documents.
Joseph put it to Ngcuka that his officers could only pick up documents that were mentioned in the search warrant, remove the relevant documentation and then return the rest of the documents to Schabir. Ngcuka agreed.
Ngcuka said the structure of the National Prosecuting Authority was such that the authority to investigate rests with the investigating director and that he was not required to authorise any investigation. He said he had given his consent that the investigation into Schabir and Maharaj must continue.
Ngcuka said the evidence against Maharaj and Schabir was firstly documentary evidence and secondly “another source” of information, which Ngucka termed “oral evidence”.
He said the evidence would disclose that there was “reasonable evidence” that Maharaj had been engaged in criminal activity.
Ngcuka said they were “still busy” with the investigation, which had been going on for 18 months and that they wanted to be sure that “we have left no stone unturned”.
Ngcuka said the suspicion was that Maharaj had influenced a tender to run the toll road between Durban and Johannesburg.
Ngcuka, in his opening statement before the commission, said he was not at the commission to clear his name, and was not there to prove his innocence
“I broke no law. I defamed no one and I made no racist remarks about South Africans of Indian descent. Judge me on my track record.”
He said when he had taken the job as national director of public prosecutions, he had been aware of its dangers and that it could change his life forever.
He said he had done his job well and that he would stand firm. He said he had dedicated his life to the struggle and the African National Congress.
He said that he expected some people to be baying for his blood if he performed his duties (as head of the National Prosecuting Authority) without fear or favour.
However, it never occurred to him that his former liberation struggle comrades and leaders would be among them. Ngcuka was apparently referring Maharaj Shaik, who are his main accusers.
Ngcuka said he would defend his institution and that anyone who violated the law of the land, would be prosecuted.
“No one is above the law. I’m here because I lead that organisation. I’m here to make it clear that we will not be discredited.”
He said that “not a single honourable member of the ANC” had ever suggested that any covert operation had been compromised because of his actions. He said that compared to people like Oliver Tambo, his contribution to the struggle had been a modest one, and one that he had served with pride and honour.
He said he would not be providing details of his off-the-record briefing with black editors. He said he and the editors had had an agreement, and he would not break that agreement before the commission, unlike the former editor of City Press Vusi Mona, who had shown “reckless disregard” for the confidentiality of the meeting.
His advocate, Marumo Moerane, SC, then asked him for his response to the allegation that he had been an apartheid spy.
“It’s unprintable. If it was not painful it would be laughable,” said Ngcuka.
“Have you ever spied on your people?” asked Moerane.
“Not a single comrade has ever been arrested; no operation has ever been compromised,” he replied.
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