Cape Town - Public hearings into the arms acquisition programme could prejudice the on-going multi-agency forensic probe into allegations of corruption surrounding the deal, Idasa said on Tuesday.

Parliamentary monitor for the Institute for Democracy in South Africa, Judith February, said the hearings could become merely a "distraction" from the real investigation.

The three-agency joint investigating team (JIT) announced last week that its hearings would begin in Pretoria on May 28.

The proceedings would deal with aspects of the allegations that would not compromise the criminal and forensic aspects of the investigation.

Between 40 and 50 allegations of wrongdoing in the arms deal were being investigated, the JIT said.

February on Tuesday said those subpoenaed to attend the hearings should be entitled to legal representation, and all the rights they would have in any ordinary trial.

Witnesses have 'right to silence'

Witnesses should also be entitled to their constitutional right to refuse to answers questions, should they fear incrimination in a subsequent criminal trial.

Given that trials were inherently cumbersome, the process could drag on for "months and months".

The hearings could also divert attention from the "real investigation" undertaken by the investigating team - the Public Protector, Auditor-General and National Directorate of Public Prosecutions.

"The fact that public hearings might precede a report from the investigating bodies charged with the actual investigation might have the effect of prejudicing the investigation itself."

This would not get South Africans any closer to the truth and to a full and complete investigation.

Idasa was also concerned about the fact that the Public Protector had not as yet released details of the procedures to be followed, or the reasoning behind holding such hearings.

Disadvantages of public hearing not communicated

"The JIT has failed to communicate clearly the risks and for what purpose the hearings are intended that would justify the risks and apparent disadvantages of such hearings," it said in an interim review of the arms deal.

Pan Africanist Congress MP Patricia de Lille, who has repeatedly claimed irregularities in the arms deal, has vowed not to participate in the proceedings.

Speaking after a four-hour meeting with investigating authorities on Tuesday, she said she had already handed over all documentation on the deal, and therefore did not need to attend the hearings.

"I want to say here now categorically, I will not go ... I will definitely not be part of that sideshow."

No-one had been able to explain the objectives and purpose of the public hearings, De Lille said.

'Litmus test' of SA democracy

Idasa political analyst Richard Calland said the investigation into the arms deal would be a "litmus test" of South Africa's democracy.

This was a healthy process for any new democracy.

The reaction to the deal had raised questions about the relationship between the legislature and executive.

The relationship came under scrutiny following a "furious" letter from Deputy President Jacob Zuma to the National Assembly's public accounts committee (Scopa) chairperson Gavin Woods.

Zuma accused the committee of seriously misdirecting itself, and demanded an explanation from the committee - which initially called for an investigation into the deal.

Calland said it was essential that Scopa provided a substantial response to the letter in their next report on the arms deal.

Failure to respond would show the weakness of Parliament in the face of the executive, he said. 

With acknowledgment to Sapa and News24.