Ngcuka hands in resignation

2004-07-24 21:37

Jimmy Seepe

Johannesburg - National Director for Public Prosecutions Bulelani Ngcuka has quit his position, ending months of speculation about his future as the country's super attorney-general.

Ngcuka formally requested President Thabo Mbeki, through Justice Minister Brigitte Mabandla, to relieve him of his position so he could pursue other interests.

The Office of the President and the directorate of public prosecutions have confirmed that Ngcuka has formally handed in his resignation letter this week. Presidential spokesperson Bheki Khumalo yesterday confirmed that Ngcuka had requested the president to relieve him of his position.

However, Khumalo said Mbeki, who has the final say on the matter, had still not endorsed the resignation, as required by law.

Ngcuka's spokesperson, Sipho Ngwema, also confirmed the resignation, but refused to be drawn on the attorney-general's future plans.

Speculation that Ngcuka will assume a position within mining giant De Beers following his resignation, has been rife in recent months.

But Ngwema yesterday said it would be unethical for Ngcuka to join De Beers as his wife, Phumzile Mlambo-Ngcuka, was currently the minister of minerals and energy.

Ngcuka's resignation comes barely months after City Press first reported that the director of public prosecutions was likely to quit, and was negotiating an exit package.

City Press has reliably learned that Ngcuka has held high level negotiations with senior state law advisers and politicians to discuss his exit.

During the past month, the ANC and the government have denied suggestions that they were putting Ngcuka under pressure to quit.

Khumalo yesterday reiterated the government's position, that Ngcuka was not forced, but had voluntarily resigned.

Ngcuka's resignation paves the way for former Limpopo premier Ngoako Ramatlhodi to be appointed director of public prosecutions.

He was widely tipped for inclusion into Mbeki's cabinet earlier this year.

However, Ramatlhodi has not been formally registered as an advocate in SA, thereby creating an obstacle for his possible appointment.

He has now applied to the Bar Council for admission as an advocate , a prerequisite for heading the National Prosecuting Authority. It is understood that he will be formally interviewed by the council on August 19.

Ngcuka's resignation brings to an end an acrimonious spat that he has had with the ANC and the office of the Public Protector Lawrence Mushwana over a damning report released in May which berated the conduct of the public prosecutor.

The release of the Mushwana report led to a widely published war of words among three top ANC members - Ngcuka, Mushwana and former justice minister Penuell Maduna.

In his report, Mushwana accused Maduna and Ngcuka of "arrogance" and "insulting behaviour" after they refused to co-operate with his probe.

Deputy President Jacob Zuma had lodged a complaint with the public protector following Ngcuka's statement that there was a prima facie case of corruption against Zuma relating to the arms deal, but he would not be charged.

Ngcuka stuck to his guns this week , reiterating that there was prima facie evidence against Zuma, and that he had acted correctly in making the statement to the media.

In his report, Mushwana found that Ngcuka had undermined the dignity of Zuma when he told the media that, while there was a prima facie case against the deputy president, he would not be charged as the case could not be won.

Maduna and Ngcuka described the report and its finding as "preposterous" and "unconsidered and without substance".

This led to Ngcuka making a public apology to the country, but he refused to publicly apologise to Mushwana. At the time, Maduna accused the public protector of "lying and talking rubbish" in his report.

"We don't accept the findings by Mushwana. We were shocked and completely astounded by his findings. I have never refused to co-operate with Mushwana. I gave him the report he was demanding earlier and not as a result of the president."

But Maduna subsequently sent an SMS apology to Mushwana.

The message read: "Accept my own personal apology for the intemperate language Ngcuka and I used last weekend."

- City Press