Comments about people under investigation, made during a black editors' meeting, have been put before inquiry

The Hefer commission of inquiry, probing whether or not national prosecutions authority boss Bulelani Ngcuka was a spy, has moved on to investigate charges that Ngcuka also abused his powers.

This stems from an off-the-record media briefing in which he allegedly defamed the people his office was investigating. The commission will seek to clarify whether the briefing of black editors and Ngcuka's decision not to prosecute Deputy President Jacob Zuma albeit with a prima facie case constituted such an offence.

However, the two main accusers, former transport minister Mac Maharaj and Mo Shaik, former commander of an underground African National Congress (ANC) intelligence unit, could not explain to the commission how they linked allegations about Ngcuka abusing his power to his alleged past as a spy.

As far as Shaik is concerned, Ngcuka has dragged the good name of Zuma, his former chief in the ANC intelligence unit, through the mud. He claimed he accused Ngcuka of being a spy in defence of Zuma's honour.

The manner in which Ngcuka went about investigating, and releasing, sensitive information about Zuma to the media, was motivated by the fact that he knew that Zuma had investigated him (Ngcuka) in 1989 as a suspected government spy," said Shaik. As a result, the former intelligence operative said Ngcuka broke the rule of law by prosecuting certain people and not others.

Maharaj's case has been strengthened to some extent by former City Press editor Vusi Mona's decision to report Ngcuka to Constitutional Court Chief Justice Arthur Chaskalson, the public protector and other justice and human rights institutions, saying the manner in which he has spoken about the people he was investigating including Zuma, Maharaj and other high-profile business persons was a breach of their human rights.

Mona has charged that Ngcuka "maliciously gossiped" about the aggrieved parties to the black editors during a meeting at a Sandton hotel.

Although the purpose of the meeting was supposed to be to give editors background on an anonymous e-mail being circulated, which disparaged Ngcuka, the public prosecution's chief had gone so far as to soil the names of people his office was investigating, Mona said.

Maharaj testified in detail in the past week about how Ngcuka allegedly "criminally defamed" him at that meeting.

The former transport minister further accused Ngcuka of making "derogatory racial statements about Indian South Africans" at the meeting, with personal reference to him (Maharaj).

The prosecuting authority is investigating Maharaj and his wife for alleged corruption and tax evasion.

Maharaj said of Ngcuka that his conduct "did not fit the profile of an ANC member". Ngcuka was "an ANC rebel abusing his power almost with impunity. I dare him (Ngcuka) to charge me. I have nothing to fear, but a huge hardship to endure."

Meanwhile, Zuma has filed his complaint with the public protector's office, arguing that Ngcuka's decision against charging him denying him the only legal process to clear his name constitutes an abuse of power.

Ngcuka said Zuma had a case to answer, but due to lack of cooperation from potential witnesses who are senior staff of the French company alleged to have been bribed for R500 000 the case against the deputy president would not stand up in court.

Zuma has focused on the manner in which the probe was conducted, the conclusion and the manner in which it was communicated to the public.

"I assert the (authority) conducted the investigation in bad faith, motivated not by the need to search for the truth but to cast aspersions on my integrity."

However, Zuma has made no reference to Mona's testimony that Ngcuka spoke ill of him to editors and left an impression that the deputy president was "corrupt, heavily borrowed and not in control of his finances".

The first person to accuse Ngcuka of abusing his power was Zuma's economic advisor, Shabir Shaik, who felt harassed by the Scorpion's investigation on the alleged Zuma's bribery matter, and demands that he co-operate with the investigation.

Shaik subsequently pledged silence when Ngcuka brought several fraud and other charges against him.

With acknowledgements to Hopewell Radebe and Business Day.