The National Director of Public Prosecutions, Bulelani Ngcuka, and the advocate acting for former transport minister Mac Maharaj and former African National Congress intelligence head Mo Shaik locked horns once again at the Hefer Commission of Inquiry on Thursday morning.
The Hefer commission was established by President Thabo Mbeki to determine if there is any truth to rumours that Ngcuka had been an apartheid era spy.
Ngcuka told the commission that he had briefed a group of black editors earlier this year, firstly to deal with scurrilous rumours about him that had been circulated to, among others, the newspaper editors, and also to update them about the progress of the Scorpions’ investigation into the arms deal.
Ngcuka said his intention in calling the black editors together had been to say “look at the pattern that is emerging … these people that are discrediting us, attacking us. I thought I should call them and tell them, ‘do your investigation and if you find the sources are disinformation agents, then expose them’.”
Ngcuka said an article had appeared in a Sunday newspaper that said he was leaving his job and joining De Beers.
He told the commission that not only was the article false, it had caused a lot of unease within his organisation. He had issued a statement denying the story, but had thought that the impression that the article had created was to make people think “there’s no smoke without fire”.
Joseph said while he understood Ngcuka’s position in wanting to honour his undertaking to the editors, “as a lawyer I think you realise there is no such privilege”.
Judge Joos Hefer interjected and said Ngcuka could not be forced to speak about the briefing.
Joseph then asked Ngcuka in “broad terms” whether the former editor of City Press, Vusi Mona, had faithfully recorded what had been said at the confidential briefing.
“No sir. This thing is full of distortions and inaccuracies.”
Joseph then turned to the fact that Jovial Rantao, deputy editor of The Star newspaper and editor of the Sunday Independent, had telephoned Maharaj on July 31 2003 and told him that his wife was going to be charged with tax evasion.
Rantao also apparently admitted to Maharaj that his source was from within the Scorpions.
Ngcuka said Maharaj had also phoned him and asked him about the allegation. He told him that it was not true and asked Maharaj to tell Rantao to telephone him so that he could correct him. Rantao never did telephone.
Asked where Rantao had got his information, Ngcuka said it must have been an “aberration of his mind”.
The commission has now finished hearing evidence and adjourned until December 18.