She'll be prosecuting, and NPA will have to hand over all the evidence

Independent Democrats leader Patricia de Lille has applied to personally prosecute the 29 South Africans accused of accepting huge discounts on vehicles from one of the largest beneficiaries of the arms deal.

"Today I initiated a process, by instructing my lawyers in terms of section 7 of the Criminal Procedure Act, to obtain a certificate to be able to prosecute these individuals myself," De Lille said.

Private prosecutions are a rarity in SA, with only a handful to date.

The ID leader's application will go to the National Prosecuting Authority (NPA), which will have to hand over all evidence unearthed during the course of their investigation that could help De Lille with her prosecution.

Importantly, this would include all statements and evidence gathered from Michael Woerfel, former head of DaimlerChrysler SA, and his staff. Woerfel revealed as much during an interview with The Star's sister paper, the Cape Times, in 2001.

Earlier this week, the NPA indicated they had examined the evidence and had come to the conclusion that it would not be prudent to prosecute the 29 people who are alleged to have benefited from the arms deal.

"If the German authorities could get an admission-of-guilt fine, I don't see why the South African authorities can't do the same," said De Lille.

She was referring to a fine paid by the chief executive of DaimlerChrysler Aerospace for his involvement in the arms deal bribery scandal.

On Wednesday, De Lille laid criminal charges against the 29 alleged to have received discounts from DaimlerChrysler, a subsidiary of the European Aeronautic Defence and Space Company.

They include former SA National Defence Force head General Siphiwe Nyanda, MP Mandla Msomi, Lumka Yengeni and former Armscor head Llewelyn Swan.

The only person to be successfully prosecuted for his role in the arms deal saga was former ANC chief whip Tony Yengeni, who was found guilty of lying to parliament.

None of the 29 others contacted by The Star wished to comment on the allegations of their discounted vehicles.

The discounts of up to 15% are detailed in a list that includes a range of Mercedes-Benzes.

De Lille said she was instituting her action to put pressure on the NPA, which had not produced any successful prosecutions since the first allegations of corruption and bribery were made in 1999.

On Tuesday in Port Elizabeth, Defence Minister Mosiuoa Lekota commissioned the fourth and final frigate that forms part of the multibillion-rand arms deal.

With acknowledgement to Beauregard Tromp and The Star.