Publication: Sunday Times Issued: Date: 2010-11-07 Reporter: Subashni Naidoo Reporter: Monica Laganparsad

UK Audit firm launches new arms deal probe

 

Publication 

Sunday Times

Date 2010-11-07
Reporter Subashni Naidoo
Monica Laganparsad
Web Link www.timeslive.co.za

 
Politicians, business leaders set to be named

South African politicians and businessmen who pocketed R1-billion from the arms deal are set to be named in a new investigation by Britain's auditing watchdog.

The Accountancy and Actuarial Discipline Board (AADB) is to investigate KPMG, which advised BAE Systems on offshore companies that were used to pay "commissions" to influence the awarding of lucrative contracts in South Africa's R47.4-billion defence procurement package.

Controversial businessman Fana Hlongwane, who was an adviser to then-defence minister Joe Modise when the arms deal was initiated, will be a key figure in the latest probe.

It follows an investigation in the UK and Liechtenstein into alleged payments of more than R200-million by BAE to him.

The company, which has also been under investigation by Britain's Serious Fraud Office (SFO) since 2007 for issuing bribes in South Africa *1, recently "settled" a £286-million fine for failing to comply with global anti-bribery rules *2.

The board has initiated the latest probe after corruption cases related to the arms deal were mysteriously dropped *3 by South Africa's Hawks unit in September.

The audit, which will involve scrutiny of KPMG's confidential records, is set to reveal substantial financial evidence - and disclose the names of influential individuals - who, in exchange for cash, helped BAE supply Hawk trainer aircraft and Gripen fighter jets to South Africa for $2.1-billion.

Independent Democrats leader Patricia de Lille said yesterday she would also be approaching the board to offer assistance, and would request a copy of its findings.

De Lille this week lodged a formal complaint with the public protector regarding the "politically motivated" decision to close the local investigation into corruption in the arms deal.

She is also pursuing a private prosecution of 28 "politically connected individuals" on whom she has evidence of having unlawfully benefited from the procurement programme.

Trade union federation Cosatu and the Democratic Alliance also welcomed the news, describing it as an "exciting new development".

They urged the government to co-operate if requested and to consider re-opening its investigation into the arms deal.

"As far as co-operation with foreign investigations is concerned, these are matters best dealt with at government-to-government level," said party spokesman Brian Sokutu.

The board is investigating KPMG's audits between 1997 and 2007, relating to commissions paid by BAE to third-party agents and outside companies in major arms deals.

AADB spokesman Jonathan Labrey this week declined to comment, other than to say that the investigation was the result of the SFO's probe into BAE's practices in South Africa.

The SFO obtained signed affidavits in 2008 regarding bank statements which showed that the arms company paid £115-million to advisers "to assist in the securing and maintaining of the Hawk and Gripen contract" with South Africa and other countries.

According to the AADB, "BAE set up a system of offshore, anonymous companies to funnel payments around the world. Two of them were in the British Virgin Islands tax haven."

Among these is Red Diamond Trading, which was investigated over a series of payments made through it, including £70-million distributed to agents in SA.

In addition to these payments, the AADB said it would probe KPMG's advice to BAE on the operation of offshore companies, including Red Diamond Trading, Poseidon Trading Investments and Novelmight.

The AADB declined to confirm whether it was investigating Arstow, another offshore company set up by BAE Systems, which paid out more than R53-million.

In March, the Sunday Times reported that allegations contained in secret court documents, including a 106-page affidavit from deputy director of public prosecutions Billy Downer, detailed how Hlongwane was effectively paid £4.9-million between October 1999 and July 2001 by Arstow.

Hlongwane could not be reached for comment despite numerous attempts. Lindsay Walls, a spokesman for BAE, declined to comment.

KPMG spokesman Gavin Houlgate said the company would be "co-operating fully with the AADB".

David Maynier, the DA's defence and military spokesman said: "The AADB investigation is an exciting new development. It may provide a way back into the arms deal.

"We are in the process of applying for all documents relating to the arms deal investigation."

Hawk's boss Anwar Dramat had told parliament in September that it would cost too much to pursue the investigation into corruption in the arms deal.

He said that there were 460 boxes of documents and 4.7 million computer- generated documents relating to the arms deal in his possession.

On Friday, Hawks spokesman Colonel Lindela Mashingo reiterated that the arms deal investigation was closed, adding that his office was not aware of the latest investigation.

Asked whether the Hawks would co-operate with the AABD if it requested access to documents, Mashingo said: "Due consideration will be given to assisting ... as and when approached."

Standing Committee on Public Accounts chairman Themba Godi yesterday said: "I have written to the Hawks seeking a detailed explanation ... for their decision. It is on the basis of their response that we will decide on a way forward."

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With acknowledgements to
Subashni Naidoo, Monica Laganparsad and Sunday Times.
 

*1       That's what they did - no allegations - just fact.

For that is the way this juristic criminal goes about doing its business.

It is a business model founded on corruption.

*2      This is a whopping fine.

But it is not anything to do with the South African Arms Deal.

The reason is that, although there was so much and so much stronger evidence in the South African leg, BAe will not admit to anything because it goes right up to the top, right up to Nelson Mandela, Thabo Mbeki (who was effectively just the runner), John Major and Tony Blair.

I was told face to face in his office in early 2000 by the main commissions agent in this deal, the late Richard Charter that the deal was done by then deputy president Thabo Mbeki and then prime minister John Major, in 1995 in a classic smokey room deal. This was over two whole years before the SA Government issued the Request for Information (RFO) in September 1997 and three years before the Request for Offer (RFO) circa February 1998.

So this was a done deal from the very onset.

Indeed I was also told by Charter that he through his company Osprey Aviation was keeping the embers of patriotic acquisition glowing for BAe in those cold apartheid sanctions days. BAe was just waiting in the wings for a change in government (which is one of its classic tactics.

So this R30 billion deal, for aircraft the SAAF didn't want nor need and the country cannot afford, was conjured up to divert South African taxpayers hard-earned monies into the greed pays of British and Swedish corrupters and South African elite corruptees.

This is larceny on the grandest of scales.

Any to make it a million times worse that pure simple corruption, it was designed to fund a political party into governing office and keep it there until until out great grandchildren are very old people.

*3      There's nothing mysterious about this - it's simple gatekeeping by the deployed cadres Simelane and Dramat to protect the futures of their principles Zuma, Mbeki et al out of the penitentiary.

It's about as sick as its gets.

And what about Thyssen where the corrupted NPA and SAPS actually has the bribe document in their grubbiest of paws.

The smokiest of fingerprinted, red hot smoking guns with black powder all over the perpetrators' weasel faces.

It just got sicker.