Travel for probe team denied |
Publication |
The Citizen |
Date | 2012-06-08 |
Reporter | Paul Kirk |
Web Link | www.thecitizen.co.za |
South African prosecutors’ application to travel to Switzerland to
investigate a secret bank account containing millions in suspected arms deal
bribes was denied by the Department of Justice.
DURBAN - This is disclosed in a nine-page letter from Asset Forfeiture Unit
boss Willie Hofmeyr to Minister of Justice Jeff Radebe requesting approval for
an official trip by two senior prosecutors to Switzerland where “16 large
boxes” of corruption evidence were being held by Swiss authorities.
Dated July 2009, the request says: “The Swiss authorities had through a
spontaneous disclosure dated November 8, 2007 provided the Acting National
Director of Public Prosecutions (NDPP) with information concerning monies held
in three Swiss bank accounts by one Fana Hlongwane.
The Super Saturday Citizen was unable to locate any means to contact Hlongwane.
Last year Anwar Dramat, the head of the Directorate of Priority Crimes
Investigations, also known as the Hawks, cancelled all investigations into the
arms deal and claimed it would be difficult to continue the probe as foreign
countries were not willing to assist in the probe.
The letter states the NPA formally requested the Swiss to provide copies of the
information so that it could be used in court. Swiss authorities allegedly
secured all the documents and requested the investigation team peruse the
material in Switzerland.
The letter suggests that two senior NPA officials, accompanied by a senior
policeman investigating the case, be sent to Switzerland to examine the evidence
and advise Swiss police on what was legally required for a prosecution.
The request claims the total cost of sending two prosecutors to Switzerland and
putting them up in a hotel for several days would come to a little over R98 000
– but that seizing the suspect bribe money would rake in many millions.
Before being sent to Radebe for approval, the letter first went through the then
Acting National Director of Public Prosecutions Mokotedi Mpshe who did not
authorise the request, stating: “This authorisation is subject to SA Police
Service (SAPS) authorising Du Plooy to take the matter forward. NPA is to
respond to request by SAPS and not the other way around”.
After this, it went to the former director-general of the Department of Justice,
Menzi Simelane who wrote he did not approve the trip. Simelane, then
director-general of the Department of Justice, wrote: “This request is
unfortunate.
The investigations by the DSO (the now disbanded Scorpions)/NPA have been
forwarded to the DPCI. Therefore all investigations ought to be dealt with by
the police”.
Simelane is on special leave after the Supreme Court of Appeal ruled there
“were too many questions regarding his integrity and experience” for him to have
been made head of the NPA.
After his recommendation the application was finally sent to Minister of Justice
Jeff Radebe, who wrote: “NPA has no jurisdiction over this matter, it is (for)
the SAPS and their Minister Mthethwa to deal with”.
Chairman of the Institute for Accountability in SA, Advocate Paul Hoffman SC
said overall, it reflected the government’s desire to stop an independent probe
of the arms deals.
Phumla Sekhonyane, a spokesman for Minister of Justice Jeff Radebe referred
queries to the commission’s spokesman William Baloyi. Baloyi said: “We will not
just be looking at what happened internally.
We will follow up on any information no matter where it takes us.
If the information points to overseas, we will probe that. We will not leave any
stone unturned.”
With acknowledgements to Paul Kirk and The Citizen.
That's not the point.
The point is that the Swiss federal prosecutors wanted to co-operate.
The authorities used and abused the disbandoning of the DSO to close down the
Arms Deal investigation.
And the head of the SAPS DPCI lied to parliament that the reason was because of
lack of overseas co-operation.
To the contrary, the Director-General of Justice and later National Director of
Public Prosecutions Menzi Simelane actively campaigned and lobbied with the
foreign investigating authorities to abandon the foreign mutual legal assistance
requests that had been set up by his predecessors.
The situation was so bad that the South African investigators never even issued
an MLA to Germany after getting the clearest of indications of binary crimes
involving South Africans and Germans.
Unturn those stones, Mr Commissioner.