Publication: Business Day Issued: Date: 2003-11-21 Reporter:

Fakie Cleared of Arms Report Charges

 

Publication 

Business Day, Comment

Date 2003-11-21

Web Link

www.bday.co.za

 

...formulation of the respective chapters", but nothing material was omitted from the final report, the committee's resolution said.

Neither did Fakie's consultation with the cabinet on the report, which he said he was legally obliged to undertake, result in a significant change.

The committee did recommend, however, that the law be changed. "In order to avoid the perception of undue executive influence, consideration be given to amend section 4(6) (of the Auditor-General Act) so that the auditor-general need not consult the executive when conducting a forensic investigation in circumstances such as those prevailing in the present case.

"Alternatively, the provision should allow the auditor-general to limit his report on the defence special account only in so far as may be essential in the national interest."

The committee found no evidence that Fakie had excluded references to gifts received by officials from two subcontractors from his final report in order to shield them. Nor did he water down adverse findings. "The final report contains a range of adverse comments and findings against officials and the process followed by them in selecting contractors," the committee said.

Regarding allegations by C²I², a failed bidder for one of the subcontracts in the arms deal, that it had been treated unfairly in the tendering process, the committee noted the report of the joint investigating team had revealed various irregularities in the awarding of the subcontracts.

It believed it would serve no purpose for Parliament to pursue the matter of the nonselection of C²I² to establish whether there were further irregularities.

The resolution also recommended that the parliamentary code of conduct for MPs should deal with statements made by MPs outside Parliament about the auditor-general and constitutionally protected institutions.

This related to Fakie's concern about MPs' attacks on him and his call for Parliament to protect the integrity and honour of the auditor-general's office as a constitutional institution.

"The committee emphasises the importance of holding the integrity and status of the auditorgeneral in high esteem. The committee would like to place on record that it has never had any reason to doubt the integrity of the auditor-general."

With acknowledgement to the Business Day.