The Hefer Commission of Inquiry into allegations that National Director of Public Prosecutions Bulelani Ngcuka was an apartheid spy handed its final report to the government on Wednesday.
The commission chairperson, retired judge Joos Hefer, presented the 62-page document to Minister of Justice and Constitutional Development Penuell Maduna in Pretoria, saying: ”I intentionally kept it rather thin so he can spend one evening reading it.”
Maduna undertook to present the document to President Thabo Mbeki within 24 hours. Mbeki will have 14 days to apply his mind to the report and make ”whatever necessary decisions”, the minister said.
Hefer and Maduna would not disclose the report’s contents, but the former judge said his final decision had not been difficult to reach.
”Some people may be surprised that there is no surprise,” he told reporters. ”I don’t think there are any surprises.”
Hefer said the commission’s final, amended terms of reference gave him no authority to make any recommendations. The report, therefore contained only factual findings.
The commission was also tasked with considering whether Ngcuka had abused his official powers.
Asked if the government will fire Ngcuka if he is found to have been a spy, Maduna said this is unlikely to happen, considering evidence before the commission.
In the event of a finding in Ngcuka’s favour, Maduna said he was not the right person to decided about possible criminal charges against the prosecutions head’s main accusers — former transport minister Mac Maharaj and former intelligence operative Mo Shaik.
”I will leave that to any person directly affected,” the minister said.
He thanked Hefer for an ”expeditious performance in what I regard as a very difficult task”, saying he is happy the ”saga” is over.
Maduna said only ”serious and sound” reasons will prevent Mbeki from giving the go-ahead for the report’s public release.
”So far, the president has not hidden from the public any commission report and I don’t think there is any reason for an exception to be made.”
Hefer said he has no doubt the commission was the correct avenue of dealing with the claims against Ngcuka.
”After all, we are dealing here with a person who is in charge of all the public prosecutions on behalf of the state. If allegations are made that detract from his fitness to perform his duties … I cannot see it disposed of it in any other way than a public inquiry.”
Asked about possible perjury charges against former City Press editor Vusi Mona for allegedly lying to the commission, Hefer said he would not present any evidence in this regard to the directorate of public prosecutions.
The directorate is free to charge Mona in any event, without requiring any input from him, the former judge said.
City Press under Mona last year published a report by journalist Ranjeni Munusamy detailing claims that Ngcuka may have been an apartheid double-agent.
Munusamy handed City Press the story after her own editor, Mathatha Tsedu of the rival Sunday Times, refused to publish it.
Mona was accused of lying to the commission on several counts, including by stating that he had consulted the paper’s senior editorial staff before deciding to run the story.
Hefer on Wednesday talked of his ”tremendous” frustrations with reluctant witnesses and the failure of ”certain government departments to come forward” — an apparent reference to the National Intelligence Agency’s unwillingness to make available documents related to the probe.
”I found the most frustrating part is for a commissioner to sit more or less helpless if a witness refuses to answer or refuses to testify. There is really nothing the commissioner himself can do.”
This was partly the result of shortcomings in the Commissions Act of 1947, which the judge said is in need of revision.
Maduna agreed.
”The weaknesses are there, and we would have to deal with them. But you cannot rush into dealing with them. A whole lot of policy considerations will have to be made before you do any amending,” he said. — Sapa