The DA says it hopes that criminal activity will not simply be passed off as ethical misconduct' that will be aired in public

CAPE TOWN The Democratic Alliance (DA) had learnt that the investigation into the R43bn arms deal would concentrate on ethical and civil matters as well as criminal and forensic aspects, its parliamentary public accounts spokeswoman Raenette Taljaard said yesterday.

The investigating agencies were still deciding which areas of the probe to hold in public, and she called on them to report back to the committee on the altered approach as soon as possible.

Auditor-General Shauket Fakie said the agencies were still debating what should be dealt with by way of a public inquiry.

The arms probe is being carried out by the offices of Fakie, national public prosecutions director Bulelani Ngcuka and Public Protector Selby Baqwa.

They said last week that a public investigation would be held without jeopardising the criminal and forensic probe, or the safety of witnesses.

Taljaard said the DA remained unconvinced that a public investigation would be beneficial. The party hoped that criminal activity would not be passed off as "ethical misconduct" that would be aired in public.

Evidence should not be "prejudiced" before a forensic probe was concluded, and all leads followed-up.

Ngcuka's spokesman, Sipho Ngwema, said Ngcuka, Fakie and Baqwa would meet newspaper editors on Thursday to discuss how the media and the agencies could work together.

He said the intention was not to call on the media to hold back on reports, but said there were times when reports could negatively affect the probe.

Fakie said Ngcuka in particular felt the need to discuss the probe with the media "to arrive at an understanding of the issues and how reports may have impeded the investigation".

He said Ngcuka was evaluating whether newspaper reports had in fact had this effect.

Meanwhile, Denel deputy CEO Max Sisulu has denied that he was involved in any impropriety in connection with the multibillion-rand arms deal.

He was reacting yesterday to a report in Business Day last week that he and Water Affairs and Forestry Minister Ronnie Kasrils were among six highranking African National Congress (ANC) members who were under investigation.

Kasrils's attorneys said yesterday that "it has been ascertained from the three agencies" that their client was not being investigated.

Sisulu said he had not been informed of an investigation against him.

He believed a probe was necessary to sift "fact from fiction", and to clear the names of those who were "unfairly maligned and accused".

Sisulu, the former ANC chief whip, said he was not involved in the arms deal in any way. Allegations that he benefited personally were "baseless".

He would do everything in his power to defend his reputation.

"I have not spent my whole life in the struggle against injustice to now engage in activities that would besmirch the reputation, integrity and achievements of the ANC, our democratic government and the family to which I belong," Sisulu said.

Questioning Business Day's decision to run the report, he said it had fuelled rumours and it had misinformed the public.

In another development, Parliament's public accounts committee is to meet today to try to work out a common response to the attacks made by members of the executive on its work.

ANC whip Geoff Doidge said the party was not yet in a position to table a report on the executive's attack on the committee. The issue was complex and more time was needed to deal with it.

With acknowledgement to Linda Ensor, Farouk Chothia and Business Day.