Publication: Mail and Guardian Issued: Date: 2011-09-23 Reporter: Ilham Rawoot

Activists call for independence, gravitas and integrity

 

Publication 

Mail and Guardian

Date

2011-09-23

Reporter Ilham Rawoot

Web Link

www.mg.co.za


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.


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