THIS
IS THE BUSINESS: Books are
mightier than the commission |
Publication |
Sunday Times |
Date | 2014-02-02 |
Reporter |
Stephen Mulholland |
Web Link |
IT is the passage of time,
corrupt politicians pray, that
will dim memories and lower
outrage as citizens get on with
their lives, pay their taxes,
raise their kids, do their jobs,
take holidays, attend church,
consult their doctors and pay more
taxes.
This brings one to that
slow-moving caravan, sort of like
a crippled tortoise, known as the Seriti
commission of inquiry into our
R70bn arms deal. This commission,
which was established in September
2011 by President Jacob Zuma,
once an accused in this matter,
stuttered into action on Friday.
As with many such commissions,
this one bumbles along beset by
suicide, angry resignations and
accusations of nepotism and
interference. There is frequent
talk of a hidden or second agenda,
presumably aimed at keeping Zuma
out of the firing line.
Researcher Kate Painting told the
M&G on resigning: "Fear
is a common theme at the
commission and any noncompliance
with the second agenda is met with
hostility."
Former acting judge Francis Legodi,
highly regarded in legal circles,
resigned because he was unhappy
with the commission's approach and
its secrecy.
Senior investigator Norman Moabi
quit with an angry letter
detailing the shenanigans he said
were going on at the commission.
In 2011, Judge Willem van der Merwe
resigned immediately after Zuma
appointed him.
Former national director of public
prosecutions Bulelani
Ngcuka
declared that the state had a
prima facie case of corruption
against Zuma.
However, he said he did not know
if it was "winnable", so
he wouldn't pursue it.
Winnable? A legal dictionary says
of prima facie that it describes:
"A fact presumed to be true
unless it is disproved." So, Ngcuka,
you said it was a fact that needed
to be disproved but you just did
not have the bottle for the scrap.
Ah, well, Ngcuka
went on to greater things, scoring
a quick R100m as a director of
Basil Read while also serving
lucratively at Mutual &
Federal, Growthpoint,
Rolfes,
City Lodge and Buildmax,
whatever that might be. Ah, to be
a cadre.
So, of course, did our dancing,
philandering, polygamous
president, fixing himself up - at
taxpayers' expense with a
residence fit for royalty.
Zuma
is not alone in his intransigence.
That oily little Tony Blair,
according to Andrew Feinstein in
his book, After the Party,
"... shamelessly closed down
the Serious Fraud Office's
eight-year investigation into the
notorious ... arms deal with Saudi
Arabia". British Aerospace
executives were off the hook.
In some countries, bribes paid to
foreigners to secure business have
been tax deductible. This is rare
but has happened in countries such
as Australia, Austria, Belgium,
France, Germany, Luxembourg,
Netherlands, Portugal, New Zealand
and Switzerland.
Such payments had to be disclosed
to authorities with an explanation
that the recipients lived in a
country in which this was a normal
way of doing business. Like South
Africa.
The Serious Fraud Office
apparently continues to show
interest in our affairs. Feinstein
refers to its investigation of a
"web of companies"
utilised to pay bribes totalling
£75m in the South African arms
deal.
The late defence minister, Joe Modise,
who died mysteriously rich,
appears prominently, as does his
then-adviser, Fana
Hlongwane
(£3m), the late Richard
Charter (£25m), arms dealer John Bredenkamp
and his associate, Jules Pelissier
(£34m).
Then there is the farce of
offsets, much loved by arms
criminals and local politicians
who anticipate further incentives
by way of the Pretoria salute. The
numbers are vast, if ephemeral.
Those wily weapons hucksters in
the UK, France, Germany, Sweden
and Italy saw our lot coming and
dangled R104bn in investments and
65,000 jobs. We are still waiting.
The Seriti
commission is superfluous. All he
need do is read Feinstein's book
and the thoroughly researched The
Devil in the Detail by Paul Holden
and Hennie
van Vuuren.
We would save a fortune.
• This article was first
published in Sunday Times:
Business Times
I
think Fana
Hlongwane
got somewhat more than £3
million, more like £35 million,
maybe £25 million.
Also he was surely paymaster for Modise
et cie.
And hopefully one day my pen will
be mightier than my puny sword.