Durban - National prosecuting authority (NPA) head Bulelani Ngcuka has once again been accused of abuse of power, this time by KwaZulu-Natal health MEC Zweli Mkhize.

Mkhize said in Durban on Tuesday he had lodged a complaint with public protector Lawrence Mushwana.

The complaint stemmed from a Sunday Tribune article on April 18, 1999 in which the special investigation unit (SIU) was said to be closing in on prominent political figures in KwaZulu-Natal, including Mkhize.

It reported that Mkhize was likely to be arrested along with the Inkatha Freedom Party's Phillip Powell on charges of illegal possession of arms and murder.

A source within the SIU reportedly told the newspaper the unit was expected to arrest the two within the next few days.

The SIU is a component of the NPA.

Mkhize said on Tuesday: "What I am taking to the public protector is a complaint of an abuse and unjustifiable exercise of power or other improper conduct by Ngcuka and the NPA.

"The fact that (deputy president Jacob) Zuma has suffered similar treatment suggests the conduct of the NPA is improper (sic)."

Zuma has been at loggerheads with Ngcuka ever since the Scorpions announced they were investigating the deputy president for bribery linked to the controversial multibillion arms deal. He has accused the NPA and Ngcuka of abuse of power.

In his complaint, Mkhize urged Mushwana to look into the following aspects:

Has the NPA or any of its components conducted an investigation against him?

What charges have been laid against him and what was the basis of the investigation?

Has the investigation been concluded? and

Has the NPA issued a public statement indicating if the allegations against Mkhize were found to be baseless? NPA spokesperson Makhosini Nkosi on Tuesday denied the prosecuting authority was investigating Mkhize.

Allegations of gun running against Mkhize were investigated by police, he said.

The police referred its investigation to the then-KwaZulu-Natal director of public prosecutions, Mokotedi Mpshe. Nkosi said Mpshe declined to prosecute Mkhize because of lack of evidence.

"The matter was never investigated or dealt with by the Scorpions or us. Furthermore, the detective unit had not been informed of the case at the time," he said.

"We respect Mkhize's rights as a citizen of the country and we shall fully co-operate with the public protector should he require our assistance."

With acknowledgements to Sapa and www.news24.co.za.