President Kgalema Motlanthe has rejected a plea for a judicial commission of
inquiry into the arms deal, saying it
could derail current criminal investigations *2.
A letter setting out the president's full response to a petition co-signed by
Nobel laureates Desmond Tutu and FW de Klerk, as well as other leading South
Africans such as Dr Mamphela Ramphele, Helen Suzman and Anglican Archbishop of
Cape Town Thabo Makgoba, will be sent today.
Presidential spokesperson Thabo Masebe said that among the reasons given by the
president was that commissions of inquiry
could not be established into criminal matters *2,
especially as there was an investigation
under way already *3.
A commission could even derail current investigations related to the arms deal,
Masebe said.
He reiterated that those with information
about alleged corruption or wrongdoing should forward this to the police *4
However, one of the petition's organisers, advocate Paul Hoffman SC, said an
arms deal inquiry was not about bringing the perpetrators of alleged corruption
to book.
Rather, it was to "undo the arms deal" with a view of getting the money back,
which amounted to billions of rands that could be better spent.
Hoffman believes that there may be legal room to compel the president to appoint
a commission, but said research and
foreign precedent appeared to go against this view.
The petition was sent to Motlanthe last week, urging him to appoint a commission
by today, which is the 60th anniversary of the adoption of the Universal
Declaration of Human Rights and the date on which the Nobel Peace Prize is
traditionally awarded.
It called for the inquiry's terms of reference to be drafted as wide as
possible.
The commission should be required to indicate who, if anyone, should face
prosecution and on what charges, the letter said.
Moreover, there should be an investigation into the possibility of cancelling
arms deal contracts tainted by corrupt and fraudulent dealings, and recovering
payments already made, it said.
"The urgency of the matter is self-evident. The country is moving towards a
general election, and the voters are entitled, in the spirit of free and fair
elections, to be informed about what has become a major scandal in the country's
political discourse."
Others who aligned themselves to the petition include Democratic Alliance
parliamentary leader Sandra Botha, former human rights commissioner Rhoda
Kadalie, University of Cape Town legal academic Hugh Corder and the Helen Suzman
and FW de Klerk foundations *5.
With acknowledgements to
Angela Quintal
and The Star.
*1Ever the
opportunist.
While it may be true it is only true of one sliver of the Arms Deal.
*2What trite, cheap claptrap. The letter signed by Tutu and
de Klerk requested that the enquiry should determine the existence or otherwise
of criminal aspects.
*3There is a criminal investigation into one leg only or
two legs if Hawk and Gripen are taken separately.
And this is a very new investigation indeed.
There are another five legs at least which require investigation and where new
evidence has come to light after the November 2001 JIT Report.
*4I have not done
this for two reasons :
I do not trust the police; and
The SAPS would not now the difference between an Arms Deal and a chacma
baboon.
But over nine months ago I reported relevant matters of concern to the National
Prosecuting Authority and made a formal request for further investigation.
*5High power individuals are good, but the best medicine
for this national illness is to vote the sickos out of office.