Petition President Kgalema
Motlanthe to Appoint Arms Deal Judicial Commission
Archbishop Emeritus Desmond Tutu and
Former President FW de Klerk
Petition President Kgalema Motlanthe to Appoint Arms Deal Judicial
Commission by 10 December 2008
Press Statement
3 December 2008
A joint letter signed by Nobel Peace laureates Desmond Tutu and FW de Klerk has
been delivered to President Kgalema Motlanthe's office on 2 December 2008. Per
the attachments, it reads as follows:
1 December 2008
Dear Mr President,
Judicial Commission of Inquiry into the Arms Deals
1.We write to you as concerned citizens and in
conjunction with the organizations listed in annexure A, all of whom are deeply
troubled about the state of the rule of law, accountability and
constitutionality in our country. We address you with the request that you
appoint an independent and public judicial commission of inquiry into the arms
deals in terms of your responsibilities under section 84 (2)(f) of the
Constitution.
2.You will be aware that there is reasonable apprehension
that allegations of impropriety and corruption in the arms deals have substance.
Three books have been written on the subject, details of which are set out in
annexure B. The authors are a retired banker, an historian and an economist who
is a former ANC member of parliament.
3.In addition to books and extensive media exposes, there
are the records of criminal proceedings against both Tony Yengeni and Schabir
Shaik, and the judgement of Mr Justice Chris Nicholson in which he indicated the
desirability of such an inquiry given the documentation placed before him.
4.Allegations of bribery by BAE to secure arms contracts
are now under investigation by the authorities of seven countries, plus the
Organisation for Economic Cooperation and Development which holds oversight
authority over international commitments on corruption. BAE executives have
even been detained in the United States for questioning by the Federal Bureau of
Investigation. It is public knowledge that the "Scorpions" have raided premises
controlled by John Bredenkamp, Fana Hlongwane and others in connection with
BAE's South African contracts. BAE is alleged overseas to have paid bribes
amounting to more than R1.5 billion to secure these contracts, these bribes
having allegedly been laundered through front companies in the British Virgin
Islands and elsewhere.
5.We respectfully request that the commission is appointed
by 10 December 2008, its commissioners and terms of reference being announced by
you. As to terms of reference, the widest possible investigation into
impropriety and corruption is appropriate. The commissioners should be required
to indicate who, if anyone, should face prosecution and on what charges. There
should also be an investigation into the possibility of cancelling arms deal
contracts tainted by corrupt and fraudulent dealings, and recovery of payments
already made.
6.The urgency of the matter is self evident. The country
is moving towards a general election, and the voters are entitled in the spirit
of free and fair elections to be informed about what has become a major scandal
in the country's political discourse. Should you decline this petition, we
respectively request that you furnish the reasons for your decision.
God bless you
Desmond M. Tutu Archbishop Emeritus
F.W. de Klerk Former President
This initiative has been undertaken by Advocate Paul Hoffman, SC of the Centre
For Constitutional Rights and Terry Crawford-Browne, author of the book Eye On
The Money. The Helen Suzman Foundation is amongst the institutions that has
subsequently endorsed it, and concerned South African citizens and civil society
organizations are now invited to subscribe to the petition to President
Motlanthe, and may do so by way of email to:
ecaar@icon.co.za or by telephone to 021 555 4059.
The significance of the 10 December 2008 deadline may require
explanation. It is the 60th anniversary of the Universal Declaration of Human
Rights, and Human Rights Day is traditionally the day on which the Nobel Peace
Prize is conferred. Given global support for South Africa's struggle against
apartheid, the international community had logically expected that human rights
would be the foundation upon which our country's domestic and foreign policies
would be premised.
Post-1994 South Africa has tragically failed those expectations, as illustrated
by the HIV/Aids disaster and our government's callous attitudes towards the
crises in Zimbabwe, Burma and Sudan. We take pride in our progressive
constitution, that South Africa is a constitutional democracy wherein the
Constitution is the supreme law of the land where "law or conduct inconsistent
with it is invalid and the obligations imposed by it must be fulfilled."
Regrettably, the reality of the cover-up of the arms deals scandal has revealed
a government disinterested in transparent and accountable public administration.
Our government has given lip service to the eradication of poverty whilst
squandering national resources on armaments which the country cannot afford, and
for which the purchase was evidently motivated by bribes and corruption.
The arms deals have unleashed a culture of
corruption that jeopardizes our hard-won democracy. We
fully understand that our government came under huge pressure from European arms
companies and governments to buy these armaments. Given the current
international financial crisis, we request the President and his colleagues to
negotiate cancellation of these contracts, and to prioritise socio-economic
upliftment of the poor.
Paul Hoffman, SC 082 888 0821
phoffman@law.co.za
Terry Crawford-browne 021 555 4059
ecaar@icon.co.za