National Director of Public Prosecutions Bulelani Ngcuka will not sue those who accused him of having been an apartheid spy, nor resign his post, he said in Johannesburg on Thursday.
Ngcuka told members of the Johannesburg Press Club: ”After broad consultation with my family, friends and colleagues in the organisation I have come to the conclusion that suing these individuals will detract from my work.
”Instituting legal action would take a lot of my energies at the time the National Prosecuting Authority [NPA] needs my attention most.
”There is a bigger battle to be fought and won in courts. That is the battle against crime,” he said.
He made this decision contrary to legal advice he was given to seek relief from the courts.
”My suffering in the past few months can be attributed to a handful of individuals … [who] continue to display minimal remorse,” he said.
Ngcuka was referring to former transport minister Mac Maharaj and former African National Congress intelligence operative Mo Shaik who accused him of having been an apartheid-era government spy.
Ngcuka will also not be resigning his position as head of the NPA.
”I have considered my position and my future … I have decided that there are a lot of knots I still have to untie as South Africa’s head of prosecutions.
”Despite personal suffering and peril, I am now more determined than ever to carry on with my job.”
Ngcuka said he was happy that former judge Joos Hefer had put the question of whether he was a spy to rest.
”As I have said before, to me it was never a question … it was an attempt by those we were investigating to divert our attention by putting the NPA on trial. They have failed.”
Ngcuka was responding to the findings of the Hefer commission, set up to investigate allegations he was an apartheid spy.
The staff at the NPA had also suffered, he said.
”There had been times when people were not even sure if working for the NPA was a good thing or not.”
He addressed the NPA staff on Thursday.
”I have assured them that the correct thing to do is still to do our work to the best of our abilities … without fear, favour or prejudice.”
Ngcuka also referred to the leaks to the media, which Hefer criticised in his report.
Maharaj had complained about the leaking of information to media from Ngcuka’s office on a criminal investigation into Maharaj and his wife. Hefer said it was clear there had been leaks from the NPA.
”Such a state of affairs cannot be tolerated,” Hefer’s report states.
Ngcuka said the leaks might not have emanated from the NPA.
”However, a possibility still exists that a culprit or culprits could be among our ranks. That, to me, would be completely unacceptable.”
He said the NPA was ”tightening systems” to ensure ”we limit the chances of classified information leaving our organisation and landing on wrong hands or ears”.
”The government supported me fully in the work we are doing. Some individuals don’t like the investigations, particularly in the arms deal,” Ngcuka said.
He said certain people wanted to ”decapitate” him and ”render the organisation rudderless”.
”There is no institution supporting democracy that has been tested like we have. I think it has made us stronger,” Ngcuka said.
”The lesson we can all learn from the Hefer commission is if you live in a democratic country you must be accountable for what you say. This is also important for politicians who have to move away from smear tactics in politics.”
In response to Brett Kebble’s announcement on Wednesday that he had lodged complaints against Justice Minister Penuell Maduna and Ngcuka regarding alleged abuse of power, Ngcuka said: ”I will deal with it when it comes.”
Investigations into Maharaj’s dealings were continuing, he said.
”I have asked the investigating team to expedite that.”
Maharaj had been investigated for corruption and his wife, Zarina, for tax evasion.
Ngcuka said Shaik had asked to shake his hand in the ”gentleman’s room” during the Hefer commission.
”I refused … I was still hurting. If Mo wants to shake my hand now, I will shake it … If he says sorry, I will accept it.”
Ngcuka told the press club this would be the last time he would speak of the spy allegations.
”It has been very traumatic to be used as a screensaver by e.tv,” he joked.
Shaik appeared in September in an e.tv interview brandishing documents that purportedly supported the allegations against Ngcuka. — Sapa