Delay jeopardises July deadline for the completion of multi-agency probe

THE much-vaunted public inquiry into the R43bn arms deal collapsed a few hours into its first day yesterday without a word of evidence being led, amid acrimony and accusations of poor preparation from critics of the hearings.

Its postponement to June 11, at the request of the defence department, jeopardises the July deadline set by national director of public prosecutions Bulelani Ngcuka for the multi-agency probe into the deal to be completed. The hearings are expected to last two months.

Before the postponement was granted by Public Protector Selby Baqwa, who is chairing the hearings, Ngcuka told Parliament's justice committee yesterday his staff had been given until June 15 to report on their findings.

However, the deadline for the multiagency probe by Baqwa's office, Ngcuka's office and the office of Auditor-General Shauket Fakie depended on whether the hearings were postponed, he said.

It became clear from the start yesterday that the event, which had been billed as a showcase for transparency, was heading for trouble.

Michael Kuper, senior counsel for the defence department, contended that the subject matter of the hearings was complicated and the department's legal team would need at least another week to prepare properly.

He told the panel that the first subpoenas for people to testify were issued only on May 19. The evidence had to be assessed first, as some material was likely to give rise to civil litigation and there could also be a conflict of interests.

The postponement met with disapproval from opposition political parties.

Democratic Alliance spokeswoman Raenette Taljaard said the events did not inspire confidence. "The DA is concerned that those who are to appear before the inquiry remain in the dark and that further postponements will be inevitable as a consequence."

Inkatha Freedom Party safety and security spokesman Velaphi Ndlovu said: "It seems the defence department is dictating terms now, and I am amazed. Who is doing the investigation? Is it the department or is it the three agencies?" He urged the agencies and the defence department to get their house in order.

Pan Africanist Congress MP Patricia de Lille said the postponement did not change her view that the hearings would "not add value to anything".

Judith February, parliamentary monitor for Idasa, said: "It's becoming quite clear now that the hearing is taking a quasi-judicial nature. We can expect more delays because people are going to insist on their rights."

Baqwa's spokeswoman, Nicolette Teichmann, could not say how much yesterday's sitting cost, but the money came from the three agencies' budgets.

In Cape Town, Ngcuka said there would be certainty on "one or two" prosecutions relating to corruption allegations in the arms deal by the middle of next month. He rejected claims that the public hearings could harm the investigation and expose witnesses to potential danger. He also rejected suggestions they could be used as a cover-up as there were 30 investigators from three agencies involved and it would be very difficult to get them all to "cover up".

With acknowledgment to Wyndham Hartley, Bonile Ngqiyaza and Business Day.