Press Statement by :

Economist Allied for Arms Reduction - South Africa

07 December 2004

ECAAR-SA
Sandown Crescent E105,
Royal Ascot,
Milnerton 7441

(021) 555-4059
ecaar@icon.co.za

The Constitutional Court has dismissed ECAAR-SA's application that offsets fail the section 217 requirement that government procurements must be conducted in a manner that is "fair, equitable, transparent, competitive and cost-effective". The Court has done so without explanation, also declining to investigate the complaint that the Minister of Finance committed perjury when he affirmed under oath that the foreign loan agreements stand independently of the arms deal. These loan agreements extend until the year 2019, and give effect to the arms deal.

Whilst most disappointing that the Court has ducked this politically-controversial matter, it confirms Archbishop Desmond Tutu's recent comments. The judiciary now joins parliamentarians and chapter nine institutions in failing their obligations to protect and enhance our constitutional democracy. Yet in having led civil society opposition to the arms deal, ECAAR-SA is already fully vindicated by:

a) the evidence led at the Schabir Shaik trial, including President Thabo Mbeki's interventions in favour of the French and the German naval contracts, b) acknowledgement by the department of Defence that the SANDF is in financial crisis because of the costs of the arms deal, and that the equipment being purchased is unsuited to the SANDF's peacekeeping roles, and c) confirmation by the CEO of Denel that the Defence Industrial Participation (DIP) offset programme is an utter fiasco.

Terry Crawford-Browne