Politicians and campaigners against graft have welcomed the appointment of three judges to investigate fraud and corruption relating to the arms deal.

President Jacob Zuma announced yesterday that Judge Willie Seriti of the Supreme Court of Appeal would chair the commission, which is to be known as the Seriti Commission.

Judge Seriti is to be joined on the commission by Judges Willem van der Merwe and Francis Legodi, both members of the North Gauteng High Court. They have been given two years to complete their work.

Arms deal campaigner Terry Crawford-Browne, whose Constitutional Court case against the government is widely credited with having forced Zuma to appoint a commission, welcomed the news as “promising”. He was particularly pleased that Zuma had heeded calls for a judicial commission.

He said, however, that he would withdraw his court action only if he was satisfied with the commission’s terms of reference, which are expected to be announced today.

Crawford-Browne said the appointments suggested Zuma was “serious” about getting to the bottom of the allegations. “We will see what the terms of reference are, but so far it looks promising and the president seems serious – or at least we hope so. Remember, we have been down this road before.”

Crawford-Browne was referring to the joint investigating team (JIT) appointed by then-president Thabo Mbeki in 2000 to probe allegations of corruption in the multibillion-rand arms deal.

The JIT had limited terms of reference and was not empowered to subpoena witnesses. Its findings were widely dismissed as a cover-up.

Although the JIT found evidence of wrongdoing, it held that no individual could be held accountable.

Advocate Paul Hoffman, who is acting for Crawford-Browne in the Constitutional Court matter and is director of the Institute for Accountability in Southern Africa, said he was thrilled with the three judges appointed to lead the inquiry.

“I am very happy with the judges. And if the terms of reference are only half as good as the judges, I will be advising my client not to proceed with the (Constitutional Court) application.”

Patricia de Lille, leader of the ID, who used her parliamentary privilege in 1999 to present the “De Lille Dossier” of evidence of corruption in the arms deal, welcomed the announcement, but cautioned that the terms of reference would be key.

“The terms of reference must empower the commission to make recommendations for the prosecution of individuals who are found to have been involved in corruption if there is prima facie evidence implicating them,” she said.

De Lille suggested that no amnesty should be considered for those who gave evidence to the commission as “this is not an investigation into political offences, but a corruption case”.

DA leader Helen Zille said she was “looking forward to seeing the terms of reference at the earliest possible opportunity”.

With acknowledgements to Cape Times.

Always expect surprises.

Expect a surprise.

But the JIT certainly was empowered to subpoena witnesses.

The NPA was part of the JIT and even the Auditor-General's hired guns got attested in order to subpoena and interview witnesses under Section 28 of the NPA Act.

Its findings were widely are rightly dismissed as a cover-up because Mbeki et al squeezed Shauket Fakie's and Selby Baqwa's ballas.

They changed an excellent report (for that time) dated circa 4 October 2001 to a load of codswollop dated 15 November 2001.

This will surely on the palate of the Seriti Commission.

Maybe the doctrine of spherical envelopment will get tested in this theatre of operations.

But watch those leakers.