Publication: The Star Issued: Date: 2007-03-15 Reporter: Angela Quintal

Interest in 2001 Centred On What Wasn't Found in 18-Month Probe

 

Publication 

The Star
Date

2007-03-15

Reporter

 Angela Quintal

Web Link

www.thestar.co.za

 

The 380-page Joint Investigation Team (JIT) report of 2001 was the product of an 18-month-long investigation into the arms deal.

The thrust of its findings was that there was no evidence to suggest "any improper or unlawful conduct by the government", and furthermore, none of the irregularities found could be ascribed to the president or the ministers involved in the arms deal in their capacity as members of the ministers' committee or the cabinet.

Perhaps the most significant finding, but one that failed to produce much action at the time, was that Chippy Shaik had a conflict of interest, given that his brother, Schabir Shaik, had an interest in arms contractors Thomson CSF and ADS.

On the role of former defence minster Joe Modise, the JIT said it had come to its attention that he was allegedly involved in a company that was to benefit from the arms deal. His involvement was deemed "extremely undesirable", "as it creates negative public perceptions about a process that might otherwise be in order". Modise died later in 2001.

That Armscor CEO Llew Swan went on to become a director of BAE was regarded as an alleged conflict of interest with no substance. That then SANDF chief of acquisition Chippy Shaik and ANC MPs Max Sisulu, Mpho Scott and Ntsiki Mahimbye (sic - Mashimbye) received motor vehicles from prime contractors and bidders was deemed likewise.

However, it was not so much what the JIT found, but what it didn't find that was interesting back then. It carefully noted that "areas of a criminal and sensitive nature" were considered inappropriate to be included in its report, given ongoing investigations by the Scorpions.

At the time the report was issued, in excess of 102 summonses had been issued by the Scorpions, while 57 statements, statutory records from 193 entities and numerous documents were obtained.

Several recommendations were made, most notably given the current debate on a cooling-off period, that parliament "should take urgent steps to ensure that high-ranking officials and office-bearers … are not allowed to be involved … for a reasonable period of time after they leave public office in contracts that are concluded with the state". More than five years later, no legislation to this effect has been promulgated. The revolving-door issue continues to be debated, and calls for post-employment restrictions continue to be made.

With acknowledgements to Angela Quintal and The Star.