Another Hefer-style public hearing is near-inevitable as Public Protector Lawrence Mushwana pushes ahead with his investigation into Deputy President Jacob Zuma's allegation that Scorpions boss Bulelani Ngcuka abused his powers.
Just days after retired Judge Joos Hefer dismissed charges by Zuma's camp that Ngcuka had been a spy for the apartheid government, the Scorpions boss is facing an investigation that is likely to echo the dramatic scenes played out at Bloemfontein's Justice Building during the spy probe. Judge Hefer found that there was no substance to the spy allegation made against Ngcuka by two of Zuma's most trusted comrades, Mac Maharaj and Mo Shaik. The judge did not investigate their allegation that Ngcuka had abused his powers because this was not included in the terms of reference President Thabo Mbeki set for the commission.
Now, on the eve of the country's third democratic general elections, the ANC will be bracing itself for another bruising showdown between Zuma, the party's deputy president, and Ngcuka, one of the party's more senior heavyweights. In an interview with the Cape Times, Mushwana said he would meet Ngcuka this week to discuss Zuma's complaint that the Scorpions boss abused his office at the helm of the elite crime-busting unit as it investigated possible allegations of corruption against him. Now that Judge Hefer had made his findings public, Mushwana was pursuing the case and had studied documents relating to Zuma's complaint to the Public Protector. Although he was not keen on public hearings, which he described as the "agonising feature of the Hefer commission", Mushwana conceded that it would be difficult to hold oral hearings in private. Asked about the likelihood of a public hearing, he said: "We'll have to see. For a start, it's likely to be public. It will take a lot of effort to convince anyone that you can deal with a person of the stature of the deputy president behind closed doors. I don't wish it to go that way, but if it comes to that, then we definitely will have to do that."
Mushwana said his decision about holding oral hearings would depend on Ngcuka's written response to the allegation, but the chances of his investigation being based purely on affidavits were slim, given that he would "not be able to interrogate issues". According to Mushwana, Zuma's complaint was based largely on a statement Ngcuka made at a press conference on August 23 last year. Ngcuka said there was a prima facie case of corruption against Zuma, but that he would not prosecute as the case would not be "winnable" in court. "The deputy president is seriously challenging the use of that phrase. He is saying 'if there is such a case, then prosecute me, otherwise you must be prepared to withdraw the statement'," Mushwana said. Another of Zuma's reasons for his complaint was the alleged leaks by the Scorpions to the media about details of their investigation into his affairs. Third, Zuma was "seriously challenging the basis of the investigations" into his affairs. According to the Scorpions, Zuma was linked to an alleged attempt to solicit a payment of R500 000 a year from French company Thomson-CSF, which won a contract in the arms deal, in exchange for "protection" during the investigation into the deal.
Mushwana said Zuma was arguing that the probe into the arms deal by Mushwana's predecessor, Selby Baqwa, Ngcuka and Auditor-General Shauket Fakie had given no indication that the deputy president should be investigated. "(Zuma) said the conclusion of that investigation was that certain institutions were listed as warranting further investigation. He says he is not one of those institutions listed for further investigation and so now he doesn't... understand what it is that the Scorpions are investigating."
Mushwana said his office would sending Ngcuka a notice of the investigation and "his response will determine whether we should go down that (oral) painful road". On when he was likely to begin the investigation, Mushwana said: "If we decide to go the route of oral hearings, these people will have to have their legal representatives - one can't say exactly when, but from my side I'm almost ready to go."
Ngcuka's spokesperson, Makhosini Nkosi, said the National Prosecuting Authority was "prepared to co-operate with any investigation into (its) running by any agency of government". "We remain steadfast in our belief and assertion that there was never any abuse of office," said Nkosi. "We have nothing to fear and we want this matter to be dealt with speedily so we don't have further disturbances, as was the case when we were defending the spying allegations." Asked to comment on Zuma's complaint about Ngcuka's statement, Nkosi said: "The national director will state his case to the Public Protector - it's not for me to state his case in the press."
Lakela Kaunda, speaking for Zuma, said: "The deputy president submitted his complaint and awaits feedback from the Public Protector and has no comment on the processes or any aspect of the investigation."
# Maharaj and mining magnate Brett Kebble have also filed "abuse of office" complaints with Mushwana.
Source: IoL
Wednesday, January 28, 2004
Wednesday, January 21, 2004
Ngcuka was ‘probably never’ a spy-Hefer
National prosecutions head Bulelani Ngcuka "probably never" acted as an agent for the apartheid government, the Hefer Commission of Inquiry has found. "I have come to the conclusion that he probably never at any time before 1994 acted as an agent for a state security agency," commission chairperson, retired judge Joos Hefer, said in his final report made public yesterday. "... the suspicion which a small number of distrustful individuals harboured against him 14 years ago was the unfortunate result of ill-founded inferences and groundless assumptions".
The commissions report report can be found here.
President Thabo Mbeki, in a letter to Hefer, has accepted the commission's main findings. The judge made no finding as to whether Ngcuka had abused his official powers, saying this part of his brief had been cancelled by the finding that the prosecutions head had probably not been a spy. The two legs of the probe had to be linked, Hefer said. However, he described as "most disturbing" evidence by one of Ngcuka's main accusers - former transport minister Mac Maharaj - about leaks from the prosecuting directorate about a criminal investigation into Maharaj and his wife.
It was beyond doubt that such leaks did occur and it was highly likely that the guilty party was within Ngcuka's office, Hefer said. "Such a state of affairs cannot be tolerated," the report states. "Months have elapsed since Mr Maharaj was questioned by members of the investigating directorate (Scorpions) and, although Ngcuka has assured me that the investigation has not been completed, no charges have yet been preferred either against Maharaj or against his wife. In the meantime, press reports about the allegations kept appearing. In a country such as ours where human dignity is a basic constitutional value and every person is presumed to be innocent until he or she is found guilty, this is wholly unacceptable".
Although matters "do not appear to be what they should be" in Ngcuka's office, Maharaj's complaint in this regard was beyond the commission's terms of reference, Hefer said.
Source: Polity
The commissions report report can be found here.
President Thabo Mbeki, in a letter to Hefer, has accepted the commission's main findings. The judge made no finding as to whether Ngcuka had abused his official powers, saying this part of his brief had been cancelled by the finding that the prosecutions head had probably not been a spy. The two legs of the probe had to be linked, Hefer said. However, he described as "most disturbing" evidence by one of Ngcuka's main accusers - former transport minister Mac Maharaj - about leaks from the prosecuting directorate about a criminal investigation into Maharaj and his wife.
It was beyond doubt that such leaks did occur and it was highly likely that the guilty party was within Ngcuka's office, Hefer said. "Such a state of affairs cannot be tolerated," the report states. "Months have elapsed since Mr Maharaj was questioned by members of the investigating directorate (Scorpions) and, although Ngcuka has assured me that the investigation has not been completed, no charges have yet been preferred either against Maharaj or against his wife. In the meantime, press reports about the allegations kept appearing. In a country such as ours where human dignity is a basic constitutional value and every person is presumed to be innocent until he or she is found guilty, this is wholly unacceptable".
Although matters "do not appear to be what they should be" in Ngcuka's office, Maharaj's complaint in this regard was beyond the commission's terms of reference, Hefer said.
Source: Polity
Tuesday, January 6, 2004
1 216 get new homes in Durban
Housing Minister Brigitte Mabandla officially opened a slums clearance project in the eThekwini (Durban) municipality on Tuesday. Keys were handed to some of the 1 216 new homeowners located in the Welbedacht West area. It is one of six main areas that stand to benefit from the slum clearance housing project, which began in 2001 and has, to date, cost almost R218m to implement. "The settlements selected have been earmarked for complete relocation for a variety of reasons such as the threat of flooding, major environmental health risks, unstable land, fire risks and the size of the settlement which may be too small to be feasible for an upgrade project," said Mabandla.
She said project beneficiaries would receive their subsidies from the department of housing, as well as a substantial top-up from eThekwini municipality to ensure that adequate levels of service - such as tarred bus routes, sewer reticulation, water and electricity to each household - were provided. "Houses have been constructed in terms of the housing department's minimum norms and standards, which provide for a 30m² house," said Mabandla. All projects with the exception of Namibia Stop 8 in Inanda were at an advanced stage of construction.
The 10 869 houses and sites was anticipated to be a three-year construction programme, with the construction of houses and services almost 60& complete. Welbedacht East and West, as well as Parkgate, are scheduled to be completed by the end of 2004.
Meanwhile, eThekwini mayor Obed Mlaba said his council had committed itself to funding services and had contributed about R70m to achieve this. "The council has pursued a policy of bridge financing the development to ensure rapid delivery of housing and services," said Mlaba at Tuesday's handover. He said that, according to the eThekwini council's informal settlement programme, proposed housing interventions had been divided into four categories. These were in-situ upgrade; relocation; partial in-situ upgrade and partial relocation; and approved in-situ upgrade housing projects.
In phase one of the slums clearance project, a total of 3 500 informal households will need to be relocated from 10 settlements.
Source: News 24
She said project beneficiaries would receive their subsidies from the department of housing, as well as a substantial top-up from eThekwini municipality to ensure that adequate levels of service - such as tarred bus routes, sewer reticulation, water and electricity to each household - were provided. "Houses have been constructed in terms of the housing department's minimum norms and standards, which provide for a 30m² house," said Mabandla. All projects with the exception of Namibia Stop 8 in Inanda were at an advanced stage of construction.
The 10 869 houses and sites was anticipated to be a three-year construction programme, with the construction of houses and services almost 60& complete. Welbedacht East and West, as well as Parkgate, are scheduled to be completed by the end of 2004.
Meanwhile, eThekwini mayor Obed Mlaba said his council had committed itself to funding services and had contributed about R70m to achieve this. "The council has pursued a policy of bridge financing the development to ensure rapid delivery of housing and services," said Mlaba at Tuesday's handover. He said that, according to the eThekwini council's informal settlement programme, proposed housing interventions had been divided into four categories. These were in-situ upgrade; relocation; partial in-situ upgrade and partial relocation; and approved in-situ upgrade housing projects.
In phase one of the slums clearance project, a total of 3 500 informal households will need to be relocated from 10 settlements.
Source: News 24
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