Publication: Democratic Alliance
Issued:
Date: 2001-01-18
Reporter: NDPP
|
Memorandum : Arms Deal Investigation |
Report from the Director Public Prosecutions Western
Cape, Advocate FW Kahn SC,
and Advocate J Lubbe SC,
to the Minister of Justice and Constitutional Development, PM Maduna
18 January 2001
Memorandum
Your fax dated 16 January 2001 refers. In accordance with your request, we
report as follows:
In the brief time available to us, we looked at the available information and we
also consulted certain interested parties to obtain further information,
including MS de Lille.
The Auditor-General has pointed out irregularities which merit further
investigation and it is too early to conclude whether criminal offences will be
revealed.
We are of the view that the preparatory criminal investigation being conducted
by IDSEO in terms of section 28(13) of the National Prosecuting Authority Act,
No 32 of 1998, is warranted and justified.
In addition there are sufficient grounds in terms of the
Special Investigating Units and Special Tribunals Act, No 74 of 1996, for a
Special Investigating Unit to conduct an investigation, and, in our opinion,
such an investigation is warranted.
We agree with the conclusions of the Special Committee on Public Accounts,
namely that the investigation would be best conducted by a
multi-disciplinary team, consisting of the Investigating Directorate: Serious
Economic Offences (under the authority of the National Director of Public
Prosecutions), the Auditor-General, the Public Protector and the
Special Investigating Unit. Due to the scope of the
investigation, it is, in our opinion imperative that all
the agencies referred to above should be involved at the earliest possible stage.
We have, however, also taken cognisance of the judgement of the Constitutional
Court in the case of SA Association of Personal Injury Lawyers versus Heath and
others( CCT27/2000) in which the court declared section 3(1) of Act 14 of 1996
and Proclamation R24 of 1997 invalid. In the light of this judgement, we
recommend that the Act be amended as a matter of urgency, to meet the
constitutional defects.
We have furthermore noted that, in terms of the judgement, Judge Heath's tenure
as head of the present Special Investigating Unit will terminate as a matter of
law within a year of the judgement, for as long as Judge Heath remains a judge.
Given the magnitude and complexity of the investigation, a change of the head of
the unit during the investigation might practically hamper the investigation.
Consideration could be given to appointing another Special
Investigating Unit under an acting judge, who could then be placed in a
position to continue with this investigation by reverting to his personal status
after the Act is amended. Some existing members of the present Unit could be
appointed to the new Unit, thereby retaining experience and expertise gathered
by the present Unit. Such a step would ensure continuity and be in accordance
with good governance expected of the President in view of the above-mentioned
Constitutional Court judgement.
(signed)
FW KAHN SC
(signed)
ADV J LUBBE SC
18 January 2001
And there you have it.
One massive lie by the president of the country broadcast to the entire nation
by a special SABV TC mid-afternoon transmission.
Out with him.
His legacy to the nation :
- a litany of lies;
- a very corrupt country;
- a chacma baboon for chief of police;
- an idiotic and corrupt successor;
- transformation of a first world country back into the dark ages; and
- a 10% shortfall in supply over demand in electrical power rather than a
15% safety margin.
Out with him.