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