Publication	Sunday Times
Date	2011-09-18
Reporter	Editorial
Web Link	www.timeslive.co.za

President Jacob Zuma's decision to order an inquiry into the arms deal finally presents an opportunity for South Africa to achieve closure on its largest post-apartheid controversy.

At the time of writing, the terms of reference, scope and composition of the inquiry were yet to be finalised.

Zuma would be well advised to go all the way by setting broad terms of reference, which must include the identification of people who must be prosecuted, and appointing a senior judicial officer to head the probe.

Anything less than a full investigation will achieve the opposite of closure. Such an inquiry would merely rake over the coals, igniting new controversy and causing the nation further pain.

The questions which this commission must answer are quite simple. They could be boiled down to:

• Were the best interests of the country served in terms of cost and effectiveness by the procurement choices made by the government?

• Was the arms deal procurement process subject to the levels of transparency and accountability which our democracy demands?

• Were bribes paid? By whom and to whom?

• Were any members of the executive compromised in their decision-making?

• Did any monies paid by arms companies find their way into the coffers of political parties or businesses set up or part-owned by officials of political parties?

• Were previous investigations into the deal conducted without undue interference by the executive, as has been repeatedly alleged?

• Did the purchase decisions represent a wise and proportionate spending choice, given the competing demands on resources for the delivery of basic services?

There can be no stepping back from these questions, especially considering developments abroad.

Several European countries have begun formal legal proceedings around the arms deal, and a great deal of detailed information concerning the involvement of South Africans in bribery is likely to emerge.

This country cannot be seen to be sitting on its hands as it becomes the subject of a global scandal.

We must be seen to be as determined to root out corruption and to bring accountability to bear as these other parties are.

The Department of Defence has begun a fresh defence review process which already appears problematic. The appointment of Tony Yengeni, one of the few arrested and prosecuted around the previous arms deal, is an act of breathtaking arrogance by an establishment that believes it is above the law. This inquiry needs to change that belief once and for all.

With acknowledgements to Sunday Times.

So many questions, indeed.

But that was then.

Nearly four weeks later, neither the commissioner not the terms of reference have been announced by the Minister of Justice.

Which was promised.

Indeed, there hasn't been a squeak from the presidency nor the department of justice since then.

Maybe my affidavit will get its day in the Constitutional Court after all.

Beware the ides of November.