STATEMENT BY MR BULELANI NGCUKA, FORMER NDPP, ON THE DECISION OF THE NPA TO WITHDRAW THE CHARGES IN THE MATTER OF S v ZUMA AND THE CONTENTS OF TRANSCRIPTS OF RECORDINGS OF HIS PRIVATE CONVERSATIONS, APRIL 7 2009
I am dismayed and disappointed by the assertions made about me by Adv Mokotedi Mpshe, the acting national director of public prosecutions, regarding my alleged role in the matter of the State versus Mr Jacob Zuma (see here).
At the outset, let me state for the record that as the founding NDPP head, I hold the institution in the highest regard as one of the pillars of our democracy whose independence has to be jealously guarded and, accordingly, I would never do anything or be party to anything that seeks to undermine the integrity and independence of this institution.
I have stated - and wish to reiterate this point - that I have never been party to any conspiracy to frustrate the political ambition of Mr Zuma to ascend the highest office in the land. As mentioned previously, in my capacity as head of the NDPP, I had the opportunity to prosecute Mr Zuma. I did not. Regarding the merits of the decision to drop the charges, this is a matter within the margin of appreciation of the National Prosecuting Authority (NPA). I will therefore not make any comments with regards thereto.
The NPA's assertions have apparently been based on "transcripts" of some recordings that are said to contain discussions between me and Adv Leonard McCarthy, former head of the Directorate of Special Operations (the Scorpions). For the record, I have never been given access to any of these "transcripts".
A week ago, however, I was approached by the NPA through the prosecution team in the Zuma matter to respond under oath to certain questions. These questions had been distilled from notes made by the prosecution team during a briefing to the NPA executive management by Advocates Sibongile Mzinyati and Willie Hofmeyr. The two had seemingly listened to "recordings" in the possession of Mr Zuma's attorneys containing, among others, conversations between Mr McCarthy and I. Importantly, I was told that these "recordings" were part of oral representations that the defence team had made as part of their case for dropping of charges against Mr Zuma.