Publication: The Star Issued: Date: 2003-11-27 Reporter: Estelle Ellis

Hefer Hears of 'Vitriolic' Off-the-Record Briefing

 

Publication 

The Star

Date 2003-11-27

Reporter

Estelle Ellis

Web Link

www.thestar.co.za

 

Bulelani Ngcuka used a confidential meeting with black editors for the "vitriolic character assassination" of several subjects of Scorpions investigations, including Deputy President Jacob Zuma.

That was former City Press editor Vusi Mona's impression after the off-the-record meeting held in Sandton in July this year.

Mona decided to break an agreement that the meeting was off-the-record and give evidence at the Hefer Commission.

The commission was set up to look into allegations that Ngcuka, the National Director of Public Prosecutions, had been investigated for being an apartheid spy and, as a result, abused his power as the country's chief prosecutor.

Mona started complaining yesterday after half an hour of being cross-examined.

"I am getting an impression that I am being intimidated," he told retired judge Joos Hefer.

The judge replied: "This is nothing. I have seen much worse."

It was also a difficult day for Ngcuka's legal team, led by advocate Marumo Moerane SC. They spent much of yesterday morning trying to prevent the commission from hearing Mona's evidence.

As the legal argument escalated, former ANC intelligence operative Mo Shaik cornered Ngcuka's attorney at the door of the room where the commission sits. "Can I give you good advice? This, too, will come to pass," Shaik told Dumisani Tabata.

When Mona was allowed to give evidence, certain references in papers handed to the commission were blacked out. Mona, however, did tell the commission the following:

Ngcuka said "he would wash his hands of Zuma and leave him in the court of public opinion". He also said Zuma had landed in trouble because he "surrounded himself with Indians".

Ngcuka called former transport minister Mac Maharaj a "straight-faced liar".

Ngcuka also expressed his concern about the links between the ANC and a "dubious white businessman".

It had been character assassination and he wanted no part of it, Mona said.

Earlier, Moerane had tried to convince the commission that Mona's evidence was unnecessary and irrelevant. "If the commission finds that Ngcuka was not a spy, there is no need to investigate the allegations of abuse of power," he said, adding that there was nothing before the commission to indicate that Ngcuka was a spy.

"But what about the passport issue?" Hefer asked. (Shaik had earlier testified that he found it strange that Ngcuka had obtained a passport very easily in the early 1980s, despite his being under close scrutiny by the security police).

Moerane also said: "Every South African already knows what the outcome of the spy inquiry will be."

Hefer smiled and said: "Then I am not South African, because I don't know."

In his subsequent ruling on Mona's testifying, Hefer said he was not going to act on the views he held so far. "My views could still change. What we will hear from Mona is his view of what happened. Ngcuka can dispute this."

Moerane then applied for Mona's evidence to be heard in camera.

Hefer was not convinced about this either, but suggested that the commission hear Mona's evidence with all contentious names blacked out. This seemed to be an acceptable compromise to all parties.

When he started his evidence after lunch, Mona said he and several other editors had been invited to the off-the-record briefing with Ngcuka to discuss a defamatory e-mail about him (Ngcuka) that was doing the rounds.

Mona, however, said that what followed was "a vitriolic character assassination session".

This led him to break the off-the-record agreement and send copies of his notes about the meeting to the chief justice, the public protector and Justice Minister Penuell Maduna.

"The agreement falls away if it violates the spirit and letter of the constitution," Mona said, adding that he had gained the impression that Ngcuka considered himself above the constitution.

"I have nothing against Ngcuka. (But) I know the distinction between malicious gossip and a genuine off-the-record briefing," Mona said.

Mona's cross-examination was expected to continue today.

With acknowledgements to Estelle Ellis and The Star.