Pretoria - Chippy Shaik, chief defence force arms procurer, is to contest allegations made against him in the arms report in court.

He believes the reported conflict of interests it refers to, because of his brother Shabir's interest in African Defence Systems (ADF), is not founded in terms of the existing ethics code of conduct for executive civil servants as published in the Government Gazette nr 6853 volume 421.

Under these guidelines there can only be a conflict of interests if an official, his/her spouse, parents or dependants were to benefit financially from contracts awarded. It does not apply to siblings.

Shaik describe the report's findings as a kick in the teeth.

"I was the first and only to come forward and declare that my brother reportedly had interests. As such, I offered to excuse myself when contract in which ADS was likely to benefit were discussed.

"I was not legally required to do so, but I did since I had nothing to hide.

"To now come and declare that I had not excused myself sufficiently (from meetings) is wrong, since when the process was initiated, there were no conditions over how things should proceed."

Responding to findings that he did not have the necessary security clearance, Shaik said he has been serving for the past 20 years in MK and then in the defence force. The clearance was never at issue, not even when he assisted in establishing the defence secretariat.

"Not even the defence minister has secret clearance. The fact of the matter is that six months after the arms procurement process had been initiated, I was appointed as chief procurer.

"I was required to jump onto a moving vehicle and take the lead in a process for which no appropriate guidelines had been set.

"I executed it to the best of my ability. Where I made mistakes, there was nobody who knew any better who could help me."

Shaik's post was upgraded a few months ago to that of deputy-director. He maintains he applied for the position after it was advertised, however, the appointment was delayed pending the outcome of the arms probe.

"If I don't get it, I want acceptable reasons, otherwise I will contest it legally.

"If somebody were to come to me, telling met the arms probe is an embarrassment to the government and defence force, I would accept it with an open mind. Then I will accept a package, but my reputation is also at stake here.

"I am not going to take the blame for everything that's wrong, leaving a blemish to my name."

Beeld was told that Rear Admiral Keg Verster, who was also involved in the transactions and testified in the public hearings, is another possible candidate for the post.

Jan-Jan Joubert reports that Defence Minister Mosioua Lekota said on Thursday there was no evidence to suggest that Shaik had committed a crime.

"If I can find no proper evidence apart from a conflict of interest, I do not plan any further action. However, I have not yet taken a final decision, I still have to determine what had happened in the particular meetings," he said.

With acknowledgements to Erika Gibson  and News24.