Publication: Business Day Issued: Date: 2003-07-07 Reporter: Tim Cohen, Hopewell Radebe Editor:

Prosecutions Chief Clams Up as the Tables are Turned


Publication  Business Day
Date 2003-07-07
Reporter Tim Cohen, Hopewell Radebe
Web Link www.bday.co.za

 

As rumours fly, man charged with having arms deal cabinet papers asks Ngcuka: who are you calling comrade criminal'?

Odd how quickly the hunter can become the hunted. Head of the National Prosecutions Authority Bulelani Ngcuka complains he has become the victim of a smear campaign, claiming that some of his prey are spreading malicious rumours about him.

After rumbling ominously about "comrade criminals" in KwaZulu-Natal associated with the arms trade, Ngcuka has now decided to clam up, and is no longer commenting on the status of his team's investigation into kickbacks received by senior government officials.

His decision, however, has raised doubt about his resolve to tackle a sensitive case affecting the second-highest office in the country.

And it has brought a sharp response from the man some presume to be the source of the rumours, Nkobi Holdings CEO Schabir Shaik, who has been charged with possessing cabinet documents associated with SA's R50bn arms procurement programme.

Shaik has chosen to approach the issue directly, sending a fax to Ngcuka, demanding to know if he was the person to whom Ngcuka referred as a "comrade criminal".

"We respect his (Ngcuka's) authority, and the fact that he is doing an investigation," Shaik said in an interview.

"We just hope he does so in a way that merits integrity and a sense of professionalism. Categorically, I want to distance myself from any kind of slandering of Ngcuka.

"But at the same time I want Ngcuka to also understand and feel that it is this kind of slander that he feels so painfully about that I have been subjected to for the past two years."

Shaik claims that he has no knowledge of the nature of the rumours being spread about Ngcuka, although it has been speculated in the press that Nguka has discussed a board position with De Beers.

Ngcuka has said he will not take up such a position.

Meanwhile, opposition parties are also pressuring Ngcuka, calling for another commission to relaunch an investigation into the arms deal.

This casts doubt on the integrity of an earlier probe undertaken by Ngcuka, former public protector Selby Baqwa and auditor-general Shauket Fakie.

Ngcuka has not yet completed the investigation into allegations that Deputy President Jacob Zuma had attempted to secure a bribe from one of the companies involved in the controversial arms deal.

The elite Scorpions unit is investigating Zuma for an alleged attempt to secure a bribe of R500 000 a year from French defence company Thomson-CSF, which has since been incorporated into Thales.

The alleged bribe was to have been paid for Zuma's protection of Thales during the investigation into the multibillion rand arms deal. The bribe was also allegedly to secure Zuma's permanent support for future projects.

This investigation is also posing a challenge to the ruling party, which last week began selecting candidates for next year's national and provincial elections.

The African National Congress (ANC) national executive committee is reviewing all current members of Parliament and provincial legislatures, including cabinet members.

A national list committee has been set up. It consists of ANC secretary-general Kgalema Motlanthe; Johannesburg executive mayor Amos Masondo; ministers Charles Nqakula and Lindiwe Sisulu; and senior party members Brian Gxowa, Fikile Mbalula and Ruth Mompati.

There is concern that the Zuma investigation might disrupt the list committee's work.

As long as there is no clarity about whether charges will be laid formally against the deputy president, there will be uncertainty. This also disrupts discussions around deployment.

By blacking out news around the Scorpions' investigations "until such time the office is ready to charge someone or declare the case not worth pursuing", as his spokesman Sipho Ngwema put it, Ngcuka is eliciting an outcry from interest groups.

Local and international media organisations are continuing to dig for dirt surrounding the arms deal independently of the justice system.

Even British politicians are showing an interest, and have asked questions in the House of Commons about commissions paid by the British companies which bid to supply SA with arms.

Ngcuka has not escaped suspicion especially his role in allegations that the final report on the arms probe was significantly edited before it was handed over to Parliament and President Thabo Mbeki.

Leader of the probe, Fakie, pleaded his innocence and said the report had not left out essential information. It had been alleged that Fakie deleted findings on gifts received by key players in the arms deal. Fakie has since denied the changes were made at the behest of senior members of government.

Now the spotlight has fallen on Ngcuka.

There is pressure on him not to delay the investigation, but to conclude it within his term of office, which ends this year.

With acknowledgements to Tim Cohen, Hopewell Radebe and Business Day.