Activists call for independence, gravitas and integrity |
Publication |
Mail and Guardian |
Date | 2011-09-23 |
Reporter | Ilham Rawoot |
Web Link |
In September 2007 then deputy-president Jacob Zuma told the Constitutional
Court that he had decided to appoint a commission of inquiry into the arms deal
and, specifically, “the allegations of wrongdoings into the strategic defence
procurement packages”.
“I will … determine the terms of reference and composition of such a commission
in due course and announce this publicly,” he said.
Now, four years later, it appears the commission is finally coming to fruition,
with Zuma expected to announce its composition in the next week or two.
The Mail & Guardian asked five experts on the arms deal who would be on their
wishlist for the commission and what they would like to come out of it.
Andrew Feinstein
Former ANC MP and arms deal campaigner Most important to Feinstein is the fact
that the person appointed to head the commission is seen as someone who does not
take instructions from the ruling party.
“It would be particularly brave of Zuma to appoint someone like Archbishop
Emeritus Desmond Tutu to head the commission,” said Feinstein, a move that’s not
likely to happen.
He said that one of the former chief justices would also give the commission
“the appropriate integrity and gravitas it needs”.
Feinstein said that it was crucial that the “terms of reference include the
investigation of all allegations of corruption, including those against
President Zuma and former president Thabo Mbeki. If any of these are excluded,
the commission would, correctly, be seen as a whitewash.”
He said that people like himself and Cape Town mayor Patricia de Lille should be
given the opportunity to give evidence in public.
Hennie van Vuuren
Director of the Institute for Security Studies, Cape Town Van Vuuren thinks
it’s important that the commission include members of the former Scorpions,
without painting them as tainted.
He said that the appointment of several retired judges, who would not expect any
favour in return for serving, was also imperative.
It was crucial that the president did not appoint a commission, receive a report
and then “sit on it for however long it is in the interests of the ruling party
and individuals. A report of anyone involved in criminal misconduct must be sent
simultaneously to the National Prosecuting Authority.”
He pointed out that if the Secrecy Bill was passed, it would have major
implications for the commission, as whistle-blowers could go to jail.
Terry Crawford-Browne
Arms-deal activist Crawford-Browne would like to see a “Truth and
Reconciliation-type” commission of inquiry.
He suggested a panel of five retired judges who could provide amnesty from
prosecution for full disclosure. “Appointing retired judges like Albie Sachs
would signify that Zuma is serious about this and would give the commission
stature,” Crawford-Browne said.
He said that aside from the names detailed in affidavits from Britain’s Serious
Fraud Office (SFO) and the Scorpions, the Cabinet committee members who led the
arms deal should be called to testify.
“[Thabo] Mbeki, [former finance minister] Trevor Manuel and [former minister of
public enterprises] Alec Erwin should testify as to why South Africa succumbed
to massive pressure from the European arms industry. Manuel was warned by the
affordability study that this thing would come unglued and we’d lose jobs, yet
he went ahead and gave in to foreign pressure.”
Gavin Woods
Former chairperson of the Standing Committee on Public Accounts Woods says it is
more about appointing people who could add value rather than just “big names”.
“People like Raenette Taljaard should be on the commission, and someone like
Wally van Heerden, who was the third-highest person in the auditor general’s
office and was very involved in the initial investigation,” he said.
“We also need a strong forensic component like people from auditing firms
Deloitte and PricewaterhouseCoopers. Also, there should be people with insight
into the way that the international arms industry works.”
Patricia de Lille
Cape Town mayor and arms deal whistle-blower De Lille would like to see two or
three retired judges on the commission, suggesting Yvonne Mokgoro or Kate O’
Regan. She also favours Arthur Chaskalson or George Bizos.
She said the terms of reference were key. “They must give the commission the
power to secure prosecutions of people found guilty of criminal activities. They
must be broad and include the procurement process, because that’s where
everything started.”
De Lille said full co-operation would be needed from the Swedes, Germans,
British and the United Kingdom’s SFO for the commission to fully consider their
evidence.
With acknowledgements to
Ilham Rawoot and Mail and Guardian.Looks like I've been demoted.