In the latest twist to the Bulelani Ngcuka saga, KwaZulu-Natal Health MEC Dr Zweli Mkhize has accused the National Director of Public Prosecutions (DPP) of deliberately leaking information to media to tarnish his reputation.

Mkhize said the Sunday Tribune and the Sunday Times both published articles in April 1999 alluding to the imminent arrests by Chris McAdam's then Special Investigations Unit (SIU) of senior IFP and ANC officials in the province on charges ranging from illegal possession of arms to murder.

The Tribune named the officials as Philip Powell and Mkhize, while the Times referred to "prominent politicians" who could be linked to political violence and gunrunning. Powell has left the country since being accused of hiding weapons.

More recently, City Press published an article in September entitled "Is Ngcuka calling the shots?", which included a picture of Mkhize captioned "Gunrunner".

Mkhize said yesterday the allegations against him were serious and affected his credibility. He also questioned the timing of the articles close to the November 1999 and forthcoming elections. He said it was clear from both stories there was a "strategic" briefing. Both stories quoted unnamed sources which Mkhize said had to come from the SIU and the DPP's office. Mkhize is fourth on the ANC's provincial candidate list for next year's elections.

"I would like to raise my concern at the use of strategic leaks. Not only are these leaks premature, but they are made to engender publicity to the detriment of the individual accused concerned Furthermore, the Directorate does not rebut the allegations and does not discipline those who have leaked them internally," he said.

The Health MEC has now asked the Public Protector to look into the matter. "I wish to request the Public Protector to investigate the abuse or unjustifiable exercise of power or unfair, capricious or discourteous conduct by the office of the National Prosecuting Authority," he wrote.

The PP's office confirmed receipt on Tuesday of an affidavit from Mkhize, about a week after Deputy President Jacob Zuma filed his affidavit asking the PP to investigate Ngcuka's conduct. Spokeswoman Nicolette Teichmann said her office is still studying the affidavit and will decide how to proceed with the matter in two weeks. This could include referring the matter to the Hefer Commission.

Mkhize said he feels the conduct of the DPP's office was an abuse of authority. The Hefer Commission of Inquiry is already probing allegations that Ngcuka was an apartheid spy and that he abused his position as DPP. The latter allegation stems from the investigation into Zuma's alleged acceptance of bribes from companies linked to the multi-billion rand arms deal.

"The fact that Deputy President Jacob Zuma has suffered similar treatment ... suggests that the conduct complained of is part of the general conduct of that office," read Mkhize's affidavit.

Mkhize's complaint is that although the allegations against him were leaked, there was no attempt to verify the accusations. "As I have neither been charged nor officially cleared, I am in an unpleasant state of limbo as far as my standing with the public is concerned," he said, adding that the DPP's office neither arrested him nor denied the allegations.

Mkhize said his and Zuma's experiences are evidence of a consistent pattern of conduct. He said the impression created is of a highly sophisticated organisation when, in fact, very little is done apart from the damage to the people concerned.

"It is unfair to make accusations and statements to the media and not follow them up and have them cleared. This can't be done by a state organ. For sources in the NDPP to be used to vilify my name is totally unacceptable. I have waited patiently for almost five years until now," he said.

Mkhize said he was motivated to approach media himself by the publication of the City Press article. This article demonstrated that the issue is not "dead".

He said he is taking a keen interest in the Hefer Commission but is not otherwise concerned with developments there.

"The issue is of clearing my name and is not to do with anything else," he said, adding he does not anticipate being called to testify before the Commission.

Ngcuka's spokesman Sipho Ngwema would not comment on Mkhize's complaint.

With acknowledgements to Zoubair Ayoob and The Natal Witness.