Publication: ANC Today Issued: Date: 2007-11-23 Reporter:

Lies, Damned Lies! (Part II)

 

Publication 

ANC Today
Vol. 7, No. 46 *

Date

2007-11-23

Web Link

www.anc.org.za


What the media says

Perhaps not surprisingly, given its pedigree, the South African newspaper The Citizen has sprung to the defence of Chris McGreal, whose bare-faced fabrications about the so-called 'arms deal' we detailed in our last edition (Vol 7 No 45).

The newspaper published two articles on this matter in its 20 November 2007 edition. One of these was entitled "Mbeki arms deal row hots up". The second was headed "R6 billion spent after informal chat: Feinstein". Continuing its crusade, the following day, 21 November, The Citizen published yet another article, entitled "Mbeki running scared: author".

In the article "Mbeki arms deal row hots up", written by Paul Kirk, who is well-known among media practitioners, The Citizen said: "And The Citizen has also obtained dramatic evidence of how Mbeki sat in on irregular meetings that swung multibillion-rand deals the way of BAe.

"These documents, obtained from many different sources, suggest that Mbeki played a crucial role in buying an unsuitable jet because the manufacturer had allegedly paid millions in bribes."

The allegation made by The Citizen revolves around the claim that "the South African Air Force (SAAF) wanted the much cheaper Italian-made MB339 trainer, not the more expensive Hawk."

The Joint Investigating Team

Among other things, it is clear that The Citizen has forgotten or has chosen to forget that three state institutions, the Auditor General, the National Director of Public Prosecutions and the Public Protector - the Joint Investigating Team (JIT) - conducted an eight-month-long investigation of the Strategic Defence Packages, the 'arms deal'. *1

The Joint Report of the JIT is freely available on the government website. Chapter 4 of the report is headed "Selection of Prime Contractors - ALFA & LIFT". This 50-page Chapter contains a very detailed account of the processes that took place leading to the decision of our Government to opt for the Hawk rather than the Aeromacchi trainer. (Some of the "dramatic evidence" The Citizen "reveals" is, in fact, contained in this Chapter.)

The Citizen claims that it has "dramatic evidence" based on "documents obtained from many different sources", which show that President Mbeki engaged in corrupt practices that led to the decision to buy the Hawk. The Joint Report we have mentioned found no evidence of such corruption, as indeed it could not, for the simple reason that none had occurred.*3

The Joint Report was studied by eight Parliamentary Committees, which also interviewed the JIT over a period of two days. In this regard, a later Report of the Auditor General said:

"The two-day interaction (with the Parliamentary Committees) was an extensive process and many questions *4 and requests for clarification by the various committee members during that sitting, were responded to by the JIT. During the period 10 to 12 December 2001 the various reports by Committees of Parliament on the JIT Report were tabled.

"The findings and recommendations of SCOPA [Standing Committee on Public Accounts] on the JIT Report are representative of the findings and recommendations of the other Committees and are quoted for ease of reference:

"1. The Committee accepts the findings and recommendations contained in the Report of the JIT, in particular the finding that 'No evidence was found of any improper or unlawful conduct by the government. The irregularities and improprieties referred to in the findings as contained in this report, point to the conduct of certain officials of the government departments involved and cannot, in our view, be ascribed to the President or the Ministers involved in their capacity as members of the Ministers' Committee or Cabinet. There are therefore no grounds to suggest that the Government's contracting position is flawed.'"

BAe vs Aeromacchi

The Citizen, and seemingly Andrew Feinstein, has information that has convinced the newspaper, and Feinstein, that President Mbeki participated in "irregular meetings" which resulted in the Cabinet taking the wrong decision to buy the Hawk rather than the Aeromacchi trainer.

We draw the attention of our readers to some of the comments made by the JIT in its Joint Report in this regard. In its findings, the JIT said:

"The Ministers' Committee considered very carefully any possible prejudice to tenderers should a non-costed option be considered. It was decided that the consideration of the different options did not amount to moving beyond the parameters of evaluation criteria, but that it was rather a qualitative assessment about the precise value of a weighting figure. The Ministers' Committee was confident that the manner in which the consideration of the different options was done did not require any further bidding process. None of the unsuccessful bidders complained in this regard as might have been expected had the conduct of the Ministers' Committee been improper...

"The decision that the evaluation criteria in respect of the LIFT [lead-in fighter trainer] had to be expanded to include a non-costed option and that eventually resulted in a different bidder being selected, was taken by the Ministers' Committee, a subcommittee of Cabinet. Although unusual in terms of normal procurement practice, this decision was neither unlawful, nor irregular in terms of the procurement process as it evolved *6 during the SDP acquisition. As the ultimate decision-maker, Cabinet was entitled to select the preferred bidder, taking into account the recommendations of the evaluating bodies as well as other factors *7, such as strategic considerations.

"The decision to recommend the Hawk/Gripen combination to Cabinet as the preferred selection for the LIFT/ALFA [advanced light fighter aircraft] was taken by the Ministers' Committee for strategical (sic) reason *11, including the total benefit to the country in terms of counter trade investment and the operational capabilities of the SANDF."

However, it is clear from the articles it has published that The Citizen disagrees with the JIT findings, which Parliament accepted. Obviously, it is convinced that the "many different sources" that supplied it with various documents, as well as its favourite author, Andrew Feinstein, have more accurate knowledge of what happened with regard to the Strategic Defence Packages, including ALFA and LIFT.

An obligation to fight corruption

We must assume that The Citizen has decided to pursue the matter of the 'arms deal' because it is determined to expose and fight against corruption. We therefore suggest that The Citizen should approach our Parliament, or any other state institution of its choice, to present the "dramatic evidence" it has, so that action is taken against the wrongdoers, who allegedly include the President.

We must also assume that both Parliament and our Police Service would be most interested to investigate the allegations *12 of corruption made in the documents in the possession of The Citizen. Should they request the assistance of The Citizen in this regard, we trust that the newspaper will cooperate fully, to contribute to the achievement of the vitally important objective of defeating the scourge of corruption.

This is especially important given the charge made by The Citizen that, "These documents, obtained from many different sources, suggest that Mbeki played a crucial role in buying an unsuitable jet because the manufacturer had allegedly paid millions in bribes."

It is perfectly obvious that there is a determined campaign by some in the domestic and international media to shape the leadership, the character and the policies of the ANC. This campaign includes the propagation of all manner of stories which, among other things, seek to implant in the public mind manufactured images of some of our leaders as heroes, heroines or villains.

The article headed "Mbeki running scared: author", again written by Paul Kirk, said: "Thabo Mbeki is running scared of a proper investigation of the arms deal he masterminded - terrified that German and British investigations might land him and his presidency in the dock.

"That's the opinion of Andrew Feinstein, the ranking ANC representative on Parliament's Public Accounts Committee at the time, and the man who resigned after his attempts to have arms deal corruption probed were thwarted - largely, he claims, by Mbeki."

Publish and be damned!

The Germans and the British are perfectly free to publish any information they may have which shows that the decisions of our Government on the Strategic Defence Packages were adopted through a corrupt process. In terms of what Paul Kirk said, it seems obvious that Feinstein is privy to the information the Germans and the British have, which makes our President to be "running scared".

Given his obviously privileged position, it would be very good if Feinstein could encourage his German and British friends to speak out and tell the truth as it is. That this has not happened communicates the message that Feinstein and his German and British friends find it in their strategic interest to use such outlets as The Citizen to convince the unwary that they have "dramatic evidence", which they take the greatest care never to disclose.

At the same time it is clear that Feinstein and The Citizen have greater confidence in German and British investigators than they have in our Auditor General, our National Directorate of Public Prosecutions and our Public Protector. For this reason they state this firmly that our President is scared of the German and British investigators, whereas, presumably, he was not scared of our incompetent, or corrupt, or subservient Auditor General, National Directorate of Public Prosecutions and Public Protector.

The African National Congress is now nearly 96 years old. During these decades it has learnt the virtue of patience. It will therefore wait patiently for the day when the truth will out, as it surely will, to answer the question - who is the villain of the piece?

Is it President Mbeki, the then Ministers' Committee and the Cabinet, or is it Andrew Feinstein, Paul Kirk, The Citizen, and the 'German and British investigators'?

The Citizen would do our people and our democracy a sterling service if it honoured its moral duty to its profession and the nation and provided the information in its possession to our state institutions, as we have suggested, to enable all of us to take firm action to punish those who are corrupt, including, if need be, President Mbeki. We are certain it could do this without having to disclose its "sources".

In future editions of this journal, we will do our best to keep our readers informed about how The Citizen has responded to our appeal for it to do the right thing and assist our government and nation to take speedy and decisive action against corruption. In its 20 November edition, The Citizen reports that Andrew Feinstein has asked this journal to give him space to communicate his views. Feinstein knows that at some point he decided to desert the ANC and position himself as an opponent. It is strange that he expects that an ANC journal should give him space to pursue his agenda. It is patently obvious that he has access to other media which are sympathetic to his cause, and would surely jump to publish his offerings. So far, Chris McGreal has not responded to our offer to him to respond to the challenges we posed in this column in our last edition. Editor.

With acknowledgement to ANC Today.



*1       Among other things, it is clear that the Editor and his Principal have forgotten or has chosen to forget *2 that the heads of the three state institutions, the Auditor-General, the National Director of Public Prosecutions and the Public Protector - the Joint Investigating Team (JIT) have been proven to be mindless stooges of the government and whose integrity and credibility regarding their   concocted eight-month-long investigation of the Strategic Defence Packages don't register 0,0001 on the Pinoccio Scale.

The key finding of the JIT Joint Report are simple bollocks which contradicts both the detailed findings of the report itself and the earlier drafts prior it going for comment to the same persons that it was effectively investigating.

The JIT Team plainly lied point-blank to Parliament about the changes. Its on the official formal Parliamentary record.

All these three stooges have now been replaced, but they should have been impeached for their disgraceful conduct.


*2      Chosen to forget - that's how this stooges's principal reacts when put in the tight spot.



*3      The draft Auditor-General Report I have mentioned found evidence of so gross irregularities in the Hawk acquisition that could only have derived from corruption. *4


 And there were no further investigation or findings between early October when the draft was finalised and given to MINCOM and the third week of October when the first versions of the new-look Joint Report started to appear thanks to Advocates Lionel van Tonder and Stoffel Fourie.


*4      Simply ask Advocate Charles de Chermont who performed most of the investigation into the Hawk deal and draft the initial version of the report.

What Advocate de Chermont wrote in his report was almost completely re-written in a frenzied three week period in a secret building in Pretoria and almost surely overseen by a person whose mother tongue is English.

Here is a pointer :

"In conclusion, allow me to quote Tony Hertz second opinion in one Sunday newspaper of 2 December 2001 where he says "people of the EH seem to prefer to have someone else do their reading, not to mention thinking for them. Lookers and for years rather than readers. They prefer to leave off other's cognitive effort." He continues "neglect or pursuit of reading will influence the public debate over the South African Arms Conference. In past months much instant opinion has been formed by headline and little else. Now we have an orderly text to study, a load star if we take the trouble. Yet, more than a fortnight after its release I wonder how many people have actually read the Report. Ek vra maar net. In a celebrated instant judgement a politician declared it to be a whitewash or was blackwash meant? When everyone knows that a politician could not have read it by then. Nothing more pointed to illustrate the perceived and important reading something before judging it". He says "Columnist Matata Tseto said "for a country that is just seven years into this open season we have done well." A headline summed up his feeling. "Lets close the loopholes exposed by the probe into the Arms Deal and then move on and Tseto is hardly a government stooge".

 

And "Tony Hertz" is none other than Anthony Heard, head of the Press Section of the Government Communication and Information  Service.(GCIS).

And the question is just why would he have such a strong grasp of a 384 page report just two weeks after is was published for the first time?

Ek vra maar net.



*4      The two-day interaction (with the Parliamentary Committees) was a sad and pathetic process characterised mainly by tame questions from the vast ANC majority bought with Arms Deal money.

I know - I was there.

Advocates Stoffel Fourie and Lionel van Tonder sat in the row behind stooges Fakie and Baqwa (Ngcuka left early). A plethora of notes were passed backwards and forwards between them.

From my own visual observation hardly any but the most obvious of responses could be given by The Stooges without assistance from their assistants. And van Tonder wasn't even an employee of the Office of the auditor-General. He was a director of PriceWaterhouseCoopers (PWC) Forensic Services (Pty) Ltd "insourced" to the OAG to do the AG's bidding.

PWC has serious conflicts of interest with many of the parties subject to the Arms Deal and its investigation.

Just some of them were :

  • PWC International shared a director with Thomson-CSF of France, Lord Roger Norman Freeman;

  • PWC International shared a director with British Aerospace, Tony McGarry.

  • at that time PWC was in the final stages of amalgamating with BEE auditors Gobodo Inc. (later aborted) who were auditors to Armscor;

  • PWC was auditor for Denel;

  • PWC was auditor for ATE *5;

  • PWC was auditor for Prime Empowerment Group (Primegro) *5;

  • PWC was auditor for Coega Development Corporation;

  • PWC was auditor for Marvol Management SA (Pty) Ltd *5.


PWC also earns a few hundred million Rands per year from the OAG which outsources most of its auditing work to private companies.

Conflict of interest - come on?

In the meantime, Fakie removed Deputy Auditor-General Wally van Heerden and specialist DoD auditor Etienne Smith from the JIT investigation for a "conflict of interest" as they had previously been responsible for the DoD annual regularity audits; whereas van Heerden and Smith were primarily responsible for the Auditor-General's Special Review issued to Parliament in September 2000 which led to the Arms Deal investigation in the first place.


*5      Investigate these links and your eyes will open a wide as 5-star hotel dinner plates - the rest are obvious.


*6      The procurement process is fixed by MODAC and other baseline documentation.

Just how can a fair and regular process evolve?


*7      It sure was other factors which determined the outcome of the procurement process.

Certainly not the choice of the SAAF *8 in the case of the Hawk and not the SA Navy *9 in the case of the MEKO200AS.


*8      And the SAAF didn't even want the Gripen ALFA at that stage.


*9      And although some in the SAN dreamed of getting new submarines at some stage, they were more surprised than any when they got brand new frigates and brand new submarines at the same time. *10


*10     Although the SAN had to wait another 10 years to get its R800 million worth of maritime helicopters because they fell off the bus (after having been approved and selected by cabinet) when the frigate combat suite price increased from R1,9 billion to R2,6 billion.


*11     But in Part I this dingbat said this decision was taken because only the Hawk could facilitate training for the Gripen.

Hoisted by one's own Thetard.


*12     So far, not.