Bulelani Ngcuka

Bulelani T Ngcuka (pronounced|ɓulelaːni ŋǀʱuːkʼa; born 2 May 1954) was the first national Director of Public Prosecutions in South Africa, and is the husband of former Deputy President of South Africa Phumzile Mlambo-Ngcuka.

Early life and legal career

Bulelani Ngcuka, one of five siblings, was born in "Middledrift", Eastern Cape and schooled in the former Bantustan of Transkei. He obtained his B.Proc at the University of Fort Hare in 1977 and went to work for the Durban law firm of Griffiths Mxenge as an articled clerk in 1978. He finished his articles at GM Mxenge Law Firm in 1981, the same year Mxenge was assassinated by apartheid hit men. He spent eight months in solitary confinement in 1981 and was jailed for three years in 1982 for refusing to give evidence in the political trial of Patrick Maqubele and others. While in prison, he completed his LLB through University of South Africa (Unisa).

When Ngcuka was released in 1985 he left for Switzerland and worked at the equality of human rights branch of International Labour Organisation in Geneva for two years. It was here that he married Phumzile Mlambo and they now have a son, Luyolo.

On his return to South Africa, Ngcuka joined N.J Yekiso & Associates Law Firm in Cape Town. He set up his own firm, Partner Ngcuka & Martana Law Firm in 1989, but became increasingly involved in politics. He also helped set up the National Association of Democratic Lawyers, an alternative legal association to the established, white law societies. From 1990 to 1994 he worked as a researcher at the Community Law Centre of the University of the Western Cape.

Political career

In 1987 Ngcuka became active in the United Democratic Front in the Western Cape and later became chairperson. He was again detained for organising the Nelson Mandela birthday in 1988. The same year he was elected onto the panel of the "Independent Mediation Service of South Africa". Ngcuka was also member of the African National Congress (ANC)'s delegation to Codesa in 1991 and to the multi-party negotiations in Kempton Park from 1992 to 1993. Ngcuka was the leader of the ANC Preparatory Delegation to parliament from 1993 to 1994. 1994 Ngcuka became a senator. From 1994 to 1997 he was the ANCs Chief Whip in the Senate and in February 1997 he was elected permanent Deputy Chair of the National Council of Provinces, and was largely responsible for implementing the provisions of the Constitution relating to the council. He was chairperson of "Joint committee on Human Rights Commission" and member of the following committees: "Joint Committee on Public Protector", "Steering Committee on Public Protector", "Steering committee on implementation of the new constitution", "Senate rules committee", "Senate select committee on Justice" and the "Judicial Services Commission".On 16 July 1998, he was elected as the first National Director of "Public Prosecutions" (a sort of super attorney general) and by 1999 was an affiliate member International Association of Prosecutors.

His wife, Phumzile Mlambo-Ngcuka, became the Minister of Mineral and Energy Affairs in Thabo Mbeki's cabinet, and later Deputy President of South Africa.

Controversies

Arms Deal

Prior to his appointment as the head of the National Prosecuting Authority of South Africa the opposition Democratic Party opposed him on the grounds that Ngcuka was already too involved in the ruling ANC to exercise judicial independence. Ngcuka created a very efficient prosecuting authority and a special investigations unit, popularly known as The Scorpions. He then without fear or favour began to investigate alleged corruption, notably including senior figures in his own party related to the controversial $5.35bn arms deal.

In January 2001 Ngcuka started investigating the Chief Whip of the ANC Tony Yengeni and Deputy President Jacob Zuma for abuse of power allegations. This concerned improper influence in the controversial arms deal, and the question of financial benefit as a result of such influence. Tony Yengeni was found guilty in March 2003 and sentenced to 4 years in jail for fraud. In August 2003 Ngcuka concluded his investigation against Jacob Zuma by stating that there was prima facie evidence of corruption, but insufficient to win the case in court. Some people in the opposition and legal profession complained that by saying this, he was acting as prosecutor and judge: if there is prima facie evidence, then the courts should decide on its sufficiency. This case brought him in direct confrontation with leading figures of the ANC.

Rashaad Staggie

In October 2000 Ngcuka raided the South African Broadcasting Corporation and Associated Press to confiscate footage of former Hard Livings gang leader Rashaad Staggie who was beaten, shot and then set alight outside his home in Woodstock in August 1996.

Spying allegations

A Johannesburg newspaper City Press published a sensational report under the headline: "Was Ngcuka a spy?" on 7 September 2003. It emerged in the next few days that a senior political reporter of the rival Sunday Times, Ranjeni Munusamy, had passed the story on to City Press after her own paper declined to publish it. She was suspended by the Sunday Times, and then resigned. Schabir Shaik, former transport minister Mac Maharaj, and Vusi Mona, all facing investigation by Ngcuka, also started to made allegations that he was once an apartheid spy against the ANC. Their counter-allegations were that such investigations against them and Zuma were part of a conspiracy by former apartheid agents, still in government to undermine the ANC and leaders of the struggle. They accused him of spying against the ANC while working for the assassinated anti-apartheid spy Griffiths Mxenge. By the end of September 2007, President Thabo Mbeki had to step in and appointed retired Judge Joos Hefer to investigate the allegations against Ngcuka. The (Hefer Commission of Inquiry) found Ngcuka was "probably never" an apartheid spy. Public Protector Lawrence Mushwana launched a probe into allegations by Zuma that Ngcuka abused his office. Ngcuka said at the Hefer commission that "nobody, however rich or powerful, is above the law". According to Minister Penuell Maduna the Hefer Commission of Inquiry cost a total of ZAR1.9m.

Resignation

By July 2003 the Ngcuka saga finally came to a head when Ngcuka asked the president Thabo Mbeki if he could be relieved of his position early. His departure defused some of the political mobilisation that supporters of Zuma have been able to achieve within the ANC.

Present

On 8 November 2004 Ngcuka was appointed Executive Chairperson of Black Economic Empowerment (BEE) company Amabubesi Investments, is to become actively involved in the private security industry.

He currently serves as Chairman of the board of directors for Basil Read Holdings Ltd and has ZAR96 million worth of shares in the company. He serves as a director on the board of Transnet Internet.

Ngcuka was voted 89th in the Top 100 Great South Africans in 2004.

Ngcuka's mother Nokhuselo died on 22 September 2004 at Pretoria's Louis Pasteur Hospital.

Honors and awards

* Master of Arts in International Relations - Webster University