Having Heard Counsel for the Parties and Having Read the Documents Filed in Court Reserved its Judgement.

Thereafter on this day of the court orders :

1.      That the First Respondent to provide the Applicant by no later than 40 court days from the date of this order with the following records;

1.1     all draft versions of the report submitted to Parliament by the joint investigating team regarding the so-called Strategic Defence Packages for the procurement of armaments for the South African National Defence Force;

1.2     in respect of all audit files concerning the Strategic Defence Packages for the procurement of armaments for the S A National Defence Force from 1 January 1998 to 20 November 2001 dealing with :

1.2.1   the de-selection of the Applicant as a supplier of the Combat Suite’s Information Management System and the selection instead of the Detexis Diacerto Combat Suite Databus;

1.2.2   the selection of the supplier of the Systems Management Systems, Navigation Distribution System and the Integrated Platform Management System Simulator;

1.2.3   the role of African Defence Systems (Pty) Ltd, a company controlled by Thompson-CSF of France (which later changed its name to Thales International), in the supply of the Combat Suite for the Corvettes and its conflict of interest by virtue of its involvement in the supply of the Corvettes at various different levels, namely as :

1.2.3.1 a member of the consortium constituting the prime contractor for the supply of Corvettes;

1.2.3.2 the supplier of Combat Suite and at the same time being the Combat Suite Integrator;

1.2.3.3 the supplier of various systems and sub-systems for the Combat Suite, including the SMS and the Combat Suite Management Systems; and

1.2.3.4 an associate company (i.e. company in the Thompson-CSF group) of the supplier of the Detexis system;

1.2.4   The conflict of interest of Shamin Shaikh as :

1.2.4.1 the Department of Defence’s Chief of Acquisitions and chairperson or member of various committees and boards involved in the assessment of the SDP; and ;

1.2.4.2 brother of Shabir Shaikh, who at all material times has an indirect interest in ADS;

1.3     all the documents and records in respect of which it has no objection in terms of chapter 4 or section 12 of Act 2 of  2000; and

1.4     a list of all the documents and records in respect of which it objects in terms of the provisions of the aforesaid Act 2 of 2000, setting out clearly and concisely :

1.4.1   a description of the document or record;

1.4.2   the basis for the objection;

1.4.3   an indication in the objection related to the whole document or only to portions thereof and if so,

1.4.4   to which portion.

2.      That the Respondent, jointly and severally to pay the applicants costs of the application inclusive of the costs of two counsel.

By the Court
Registrar

Goodman & Jacobs

High Court Typist : P Maitsapo