The Scorpions on Monday served subpoenas on MPs from at least four political parties, but revoked these a day later, it emerged on the eve of the tabling of the auditor-general's long-awaited report into the arms deal.

The subpoenas were withdrawn after National Assembly Speaker Dr Frene Ginwala raised concerns about the implications for parliamentary privilege and the fact that MPs were served in parliament without her permission, chief whips from political parties were told on Wednesday.

Leonard McCarthy, the investigating director of the Scorpions, said none of the MPs who were subpoenaed were suspects in the arms probe.

'What the hell has it got to do with her?'

They had merely been called to explain to the investigating team their work on specific parliamentary committees.

McCarthy confirmed the subpoenas were withdrawn because they were mistakenly issued. "Our officials erred in subpoenaing them through the Secretary of Parliament."

Moreover, it was also National Director of Public Prosecutions Bulelani Ngcuka's view that the subpoenas had not been necessary, as all the MPs had been prepared to co-operate, said McCarthy.

He said he did not know how many MPs had been approached.

Committee proceedings are protected by parliamentary privilege

NNP MP Dirk Bakker said he and his colleague Hennie Smit were among those subpoenaed to appear as witnesses.

According to the subpoenas they were to have been interviewed on their knowledge and understanding of the role and function of the defence committee, with regard to the drafting and approval of the White Paper on Defence and the Defence Review.

They were also to be questioned on their understanding of the arms acquisition process and the role parliament's committees on defence played in the process, if any.

Bakker confirmed he had received the subpoena in his office on Monday and was to have appeared before the Scorpions on Wednesday afternoon to be interviewed.

However, he received a phone call from the Scorpions on Tuesday saying the subpoena had been withdrawn.

"I was told it (the interview) would be rescheduled for a later stage."

UDM president Bantu Holomisa on Wednesday raised concerns about the speaker's role in the revoked subpoenas, and claimed it amounted to interference in the arms probe. "The curious part of it is that it involved Madame Speaker. What the hell has it got to do with her?"

He said the law enforcement agencies should be left to investigate the arms deal and that their investigation should run its course.

Ginwala was not immediately available for comment.

However, DA Chief Whip Douglas Gibson said he believed Ginwala had acted correctly as she was there to protect MPs.

Gibson said he believed parliamentary privilege did relate to committee proceedings, and that in this respect the MPs could not be expected to give information, and were immune from civil and criminal proceedings.

He said it appeared all the MPs had been prepared to co-operate, and it was not clear why they should have been subpoenaed.

"I don't understand why people were subpoenaed. No one had refused. As far as I am aware not one of them was accused of anything. "Madam Speaker was quite right."

A memorandum from Secretary to Parliament Sindiso Mfenyana to Ginwala, dated November 13, states he was approached by the Scorpions on Friday. A copy of the memo was leaked to Sapa.

Mfenyana says he decided to deal with the matter in line with his long-standing arrangement with the sheriff, that "we will try and get members and staff who are to be served court orders to agree to receive the sheriff in their offices, to prevent the latter from waiting for them just off the premises and serving subpoenas on them in full view of the public".

He faxed a list of the names to the members concerned, and personally phoned each of them on Monday to establish whether they would be prepared to be subpoenaed in their offices. "All of them confirmed that they had previously been contacted by the Scorpions and they were full prepared to co-operate."

In a legal opinion to Ginwala, chief parliamentary adviser Anton Meyer says section 28 (6) of the National Prosecuting Authority Act, authorised the investigating director to summons and question any person, including MPs.

A copy of the legal opinion is also in Sapa's possession.

However, Meyer says he believes committee proceedings are protected by parliamentary privilege.

The investigating agencies into the arms deal will brief MPs on Thursday during lunch about the Auditor-General's main recommendations.

The committees dealing with the report - including the standing committee on public accounts (Scopa) - would be expected to draft an interim report to parliament by December 5 or 6.

The NDPP and the Public Protector's office are still continuing their investigations into the arms deal.

With acknowledgement to Sapa and the Mail and Guardian.