‘I have been advised ­ and believe ­ that monitoring and interception of telephone conversations ... has been conducted by a state agency. I have also been informed that the lawyers of Mr Jacob Zuma have such recordings in their possession’ ­ Bulelani Ngcuka 

‘How did Zuma get secret tapes?’

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STATE intelligence agents clandestinely intercepted phone calls between businessman Bulelani Ngcuka and then Scorpions boss Leonard McCarthy ­ now questions are being asked about how these recordings ended up in the hands of private individuals.

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The Times reported last week that Jacob Zuma’s legal team had included the potentially embarrassing recordings as part of its representations to the National Prosecuting Authority on why the corruption case against the ANC president should be dropped.

Ngcuka confirmed to The Times yesterday that telephone conversations between him and a number of people were “monitored and intercepted” by a state agency.

“On the face of it, both the interception and monitoring, as well as the possession of such material by private individuals, is illegal,” Ngcuka said.

“It is a matter of grave concern that in a democratic state ­ which has an entrenched bill of rights, which, among other [things], safeguards the rights of citizens to privacy ­ you could have surveillance by a state agency and the product of that surveillance be made available to the lawyers of an accused person in a criminal trial,” he said.

The former prosecutions boss, who resigned his position in 2004, said he expected law enforcement agencies to investigate the alleged misconduct of the intelligence agents responsible.

Ngcuka said: “I am seeking advice on whether to take a legal route on the matter.”

Zuma has long claimed that Ngcuka has been running the investigation against him from outside the NPA.

“If it is suggested ­ as I believe that it is ­ that I was involved in any conversations, the objective of which was to manipulate the National Prosecuting Authority or use it as a tool to frustrate Zuma’s ambition to occupy the highest office in the land by prosecuting him, I am confident that, if any authentic record of my conversations with whomsoever is produced, no evidence would be found that would implicate me in such a conspiracy,” Ngcuka said.

He added: “Should such allegations be repeated in a court of law or other legal forum, I am confident that no wrongdoing will be found against me.

“Indeed, I stand ready to refute and expose them as false, malicious and defamatory.”

An intelligence source said that in one of the conversations between Ngcuka and McCarthy, which took place shortly after former NPA boss Vusi Pikoli was suspended by then president Thabo Mbeki, in 2007, Ngcuka told McCarthy not to be worried because the suspension did not concern them.

Ngcuka is alleged to have also told McCarthy that Mbeki would appoint former National Assembly Speaker Frene Ginwala to head an inquiry.

Two weeks after their conversation, Mbeki instituted an inquiry.

Bolstering the allegation is an affidavit filed at the Pretoria High Court last January by suspended national police commissioner Jackie Selebi.

Selebi, who is facing charges of corruption, accused Ngcuka of actively controlling members of the Scorpions.

Ngcuka has rejected the allegations.

“For the record, I am not and have never been part of any conspiracy against Zuma. It is a matter of public record that when I, in my capacity as [national director of public prosecutions], had the opportunity to prosecute Zuma, I declined to do so,” Ngcuka told The Times.

Zuma has consistently denied any wrongdoing linked to the government’s multi-billion rand arms deal.

Zuma’s lawyer, Michael Hulley, yesterday refused to comment on Zuma’s representations to the NPA .

“[They] have been made in confidence to the NPA,” Hulley said.

With acknowledgements to Dominic Mahlangu, Nkululeko Ncana, Werner Swart and Sunday Times.