Publication: Sunday Times Issued: Date: 2014-02-02 Reporter: Stephen Mulholland

THIS IS THE BUSINESS: Books are mightier than the commission

 

Publication 

Sunday Times

Date 2014-02-02
Reporter

Stephen Mulholland

Web Link

www.bdlive.co.za


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

With acknowledgement to Stephen Mulholland and Sunday 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.