Publication: Business Day Issued: Date: 2008-02-25 Reporter: Chantelle Benjamin

Arms Deal Crusader is Back in Court

 

Publication 

Business Day

Date 2008-02-25
Reporter Chantelle Benjamin
Web Link www.bday.co.za



Arms Deal critic Terry Crawford-Browne returns to court today for the seventh time in as many years ­ this time to defend himself against Finance Minister Trevor Manuel's bid to gag him.

Crawford-Browne, referred to by Manuel as "the gorilla on my back", has made the minister one of his main targets.

This is because of Manuel's role in signing foreign loan agreements that funded the 1998 arms deal, and because he sat on an ad hoc committee tasked with overseeing arms procurement.

On more than one occasion Manuel implied that Crawford-Browne was fronting for losing defence bidders *1*2, who were funding his chapter in SA of the international Economists Allied for Arms Reduction (Ecaar).

While Manuel has complained publicly over Crawford-Browne's allegations that he is guilty of "criminal conduct" and "selling the country" to Barclays Bank and Commerzbank, the minister did not take action against Crawford-Browne for defamation until, according to his court papers, Crawford-Browne called for Manuel to be charged with corruption alongside African National Congress (ANC) president Jacob Zuma.

These comments, Manuel said, could do irreparable harm to his reputation which, given his position as SA's finance minister, is required to be above reproach.

Crawford-Browne has made a number of enemies in the ANC, some of whom have branded him a "racist *3". Yet the retired banker dedicated much of his life to fighting apartheid before taking up the cudgels against the arms deal.

During the apartheid years he used his position as a Nedbank banker to encourage banks around the world to tighten the economic screws on SA.

Then in 1996, as a member of Ecaar, he was asked by the Archbishop of Cape Town, Njongonkulu Ndungane, to represent the Anglican church during the parliamentary defence review, to discuss SA's new defence policy.

Twelve years and R5m in legal fees later, Crawford-Browne is still fighting ­ using his own money ­ to cancel a deal that he believes cost a developing country more than it benefited it, and which he argues exposed government officials to corruption by competing bidders *4.

The majority of his court bids, with the exception of a 2003 ruling forcing Manuel to hand over the financial working papers of the arms deal, have been unsuccessful. Then a few months ago, Crawford-Browne got corroboration from an unexpected source *5 ­ in the form of a book by former ANC MP Andrew Feinstein.

In After the Party, Feinstein talks of efforts by senior ANC officials, from President Thabo Mbeki downwards, to squash probes into the arms deal.

Crawford-Browne, who also recently released a book, Eye on the Money ­ One Man's Crusade Against Corruption, talks of his increasing disappointment with the ANC government for which he fought. He calls it a "betrayal of the struggle against apartheid".

He has argued in the numerous letters to the media and in his book that the offset programme has not come close to delivering on the $13,6bn in sales and investment it was supposed to deliver by 2012.

He says it is impossible to determine how successful it has been, because requests for information have been rejected on the grounds that the deals are "commercially sensitive" *6.

With acknowledgements to Chantelle Benjamin and Business Day.




*1       Enemy's enemy is friend, but I ain't pay Terry nor ECAAR nothing.


*2      ECAAR "fronting for losing defence bidders" - the cheese is very good indeed.


*3      I don't think Terry has one racist gene in his entire body.


*4      While Terry is often right, this is where is (mainly) wrong.

It is the ANC who conjured up the Arms Deal as an investment vehicle and foreign bidders were more than happy to go along for the ride.


*5      Not unexpected, just rather late.


*6      Rubbish, such deals might have been commercially sensitive before they were formally initiated, but not 9 years down the track.

Remember, all of the NIP was meant to have been contractually stipulated in the NIP Terms all of the DIP was meant to have been contractually stipulated in the DIP Terms, of the Umbrella Agreements.

It is only sensitive because the suppliers and DTI want to change it to their liking and so that it remains unauditable *7.


*7      Because if it were properly audited, all those cabinet promises in 1998 and 1998 would turn out to be simplistic poppycock and plain lies.