President Thabo Mbeki has appointed former Supreme Court of Appeal president Josephus Johannes Francois Hefer to chair the commission of inquiry into allegations of spying made against National Director of Public Prosecutions Bulelani Ngcuka.
Hefer will be the only member of the commission, Justice and Constitutional Development Minister Penuell Maduna said in a statement on Friday.
The commission's terms of reference are to inquire into, report on, and make recommendations regarding whether at any stage prior to 1994, the National Director of Public Prosecutions was:
- registered with the security branch or any other security service of any pre-1994 government as an agent under the code name RS452 or any other code name; and
- acting as an agent for the security police and/or National Intelligence Service of any pre-1994 government.
These terms can be amended, varied, or added to.
The commission will start work immediately, and report to Mbeki within one month, or as soon as possible thereafter.
Maduna said Cabinet believed that dealing with the issue in this way would help all concerned to determine, demonstrate, or prove whether, among other things, Ngcuka had improperly and in violation of the law taken advantage of his office.
In particular, whether he had advanced, promoted, or prejudiced or undermined the rights and interests of any person or political party due to his alleged past obligations to the apartheid regime.
"We hope that all those persons who have publicly declared that they have relevant information in this regard, as well as those who might know anything about the said allegations, or who might render any help to the commission, will come forward," Maduna said.
The commission would not be inquiring into the National Prosecuting Authority or any directorate or division thereof, nor affect their day-to-day activities or functioning.
He reiterated that the president and Cabinet had full confidence in Ngcuka. - Sapa