Johannesburg : As part of their legal challenge against South Africa's controversial arms deal, Economists Allied for Arms Reduction (Ecaar) are to ask for secrecy provisions in defence laws to be declared unconstitutional.

The government is relying on these provisions to prevent making public some documents relating to the deal.

But on March 19 Ecaar will claim in the Cape High Court that they need these documents to prepare for their constitutional challenge against the minister of finance's decision to enter into loan agreements to finance the controversial arms deal.

According to the leader of Ecaar's legal team, Norman Arendse SC, a month after notice was given, no opposition against their application to have the secrecy provisions declared unconstitutional had been noted by either the ministers of defence, or justice and constitutional development.

"The failure by the ministers in this regard must in this case tip the scales against them and result in the invalidation of the challenged laws," Arendse said.

In November 2001 Ecaar launched an application to have the minister of finance's decision to enter into loan agreements to finance the controversial arms deal declared unconstitutional.

The government indicated that they will oppose this.

In their answering affidavits explaining their opposition, various government officials, especially the Minister of Finance, Trevor Manuel and the Director-General of the department, Maria Ramos, referred to various documents that were not attached to the court documents.

The documents include:

Several loan agreements dated January 24 and 25 2000, between the government and international banks.
The minuted decision taken by cabinet to purchase the equipment needed to retain the effective defence capability of the SANDF.
Documents containing the advice of the International Offers Negotiating Team and the financial working group as contained in the affordability study.
A copy of that study.
The purchase contracts entered into by the government.

The government is claiming that some of these documents cannot be given to Ecaar as the Armaments Act and the Defence Act states that they are secret.

Arendse, however, said these provisions are unconstitutional and violate the rights to access to information and to courts. "No matter the circumstances of a particular case, these (legislative) provisions would always trump the rights. This cannot be tolerated under the constitution," he said.

With acknowledgements to Estelle Ellis and Cape Times.