Devan Pillay says Ngcuka case may be a diversion from the real truth

When I first read the City Press story alleging that Scorpions boss Bulelani Ngcuka was probably a spy, I was outraged. This feeling intensified when former ANC underground operatives Mo Shaik and Mac Maharaj "confirmed" that Ngcuka had indeed been investigated by the ANC as far back as 1989. This gave substance to the questions raised by Deputy President Jacob Zuma regarding the "motives" behind the Scorpions' investigations into his affairs.

The spy allegation seemed like a clear act of desperation by ANC stalwarts trying to deflect attention away from their own problems.

City Press, I thought, was either allowing itself to be duped or cared less about the facts and more about a sensationalist headline.

I have always had high regard for the Scorpions as one of the pillars of our democracy. I have been particularly impressed by their determination to pursue law-breakers, including senior officials of the ruling party.

By allowing justice to take its course on the corruption charges, the President and the ANC leadership seemed to be doing the right thing.

Were my initial instincts correct? Is the Ngcuka spy story simply a crude diversionary tactic, or is there a murkier story lurking in the wings? While we wait for the Hefer commission to hear more evidence and give its verdict, enough has emerged to encourage wild speculation. Some of these views run as follows

Firstly, there is the view, emanating from disenchanted ANC members, that the Scorpions are being used by President Thabo Mbeki to undermine political adversaries.

They point to the "flimsy" anti-Mbeki plots alleged by the late Steve Tshwete , which merely "proved" how paranoid the President was; the alleged "increased concentration of power" within government and the ANC in the hands of a President who apparently "tolerates no opposition"; and Mbeki's recent denunciation of those who raised the Ngcuka spy allegations.

Even less convincing is a second, related view which alleges that the Scorpions' "corruption" investigations and the Hefer commission are all part of an attack on the Left within the ANC. The resounding welcome given to the deputy president at the last Cosatu congress, coupled with songs questioning Ngcuka's actions against him, underscores this line of thinking.

It takes a stretch of the imagination to still think of Zuma, Maharaj and the Shaiks as being part of the "Left". In the absence of any evidence, this seems like another convenient but lazy explanation for those who want to see another ANC president.

A third view hangs on comments Ngcuka allegedly made at a briefing to black editors in July, which were repeated by former City Press editor Vusi Mona at the commission this week. Ngcuka apparently said that Zuma had got himself into trouble because he has "surrounded himself by Indians" - referring, of course, to Maharaj and the Shaik brothers.

This allegation has fuelled fears among some within the Indian community that this saga is an "Africanist" plot to marginalise people of Indian origin within the ANC. However, even if we assume that Ngcuka uttered those words , and harbours prejudice against "Indians", there is certainly no evidence of an "anti-Indian" plot.

Nevertheless, even those who dismiss the "anti-Indian" thesis point to the political significance of two prominent activists of Indian origin being central characters in this drama.

In South Africa's unique liberation struggle, individuals from so-called minority groups have played an enormous role in building a non-racial ethos that has become the foundation of our democracy. Maharaj and the Shaik brothers are certainly part of that contribution.

Some believe that by enmeshing the deputy president in suspicions of being involved in corruption, and then seeking to undermine a key institution of our democracy with flimsy spy allegations, Mac Maharaj and the Shaik brothers have severely tarnished the image of people of Indian origin in the liberation movement.

However, to paraphrase Martin Luther King jnr, I prefer to believe that South Africans are capable of judging you by the content of your character, and not the colour of your skin.

What remains key is the integrity of our public institutions, especially those charged with fighting organised crime and corruption. In this regard, the Scorpions have filled me with pride. Ngcuka has refused to adopt the "profile of an ANC cadre", as Maharaj would have it, implying he should avoid prosecuting icons of the liberation struggle.

We do not as yet know whether Maharaj and/or Zuma are guilty of corruption, although things aren't looking good for Schabir Shaik, the main actor in the entire drama.

What remains a question, based on Mona's testimony, is whether the Scorpions' modus operandi violated the constitutional rights of Maharaj and Zuma. Did power go to Ngcuka's head, such that he overstepped the line of decency in the way in which he went about his work? This remains to be seen.

What is clear, though, is that there has never been any evidence that Ngcuka was a spy. Shaik and Maharaj, as well as the deputy president, should hang their heads in shame for having raised this matter in the first place. 

Dr Pillay is a senior lecturer in the sociology department at Wits University

With acknowledgements to Devan Pillay and the Sunday Times.