Arms deal controversy returns to haunt Zuma

Arms deal controversy returns to haunt Zuma
JOHANNESBURG, SOUTH AFRICA - May 04 2011 16:54


The Constitutional Court will be asked to order President Jacob Zuma to appoint an inquiry into the arms deal contracts that led to the now abandoned allegations of corruption against him, when it sits in Johannesburg on Thursday.

The application is being brought by Terry Crawford-Browne, a former banker known for his opposition to the deals, whose previous bid to have an inquiry launched was thwarted because there was already a criminal investigation under way.

Thursday's application for direct access will seek a review of the refusal to exercise the presidential power to appoint a commission of inquiry contained in Section 84(2)(f) of the Constitution.

Crawford-Browne wants a review of whether the president has fulfilled constitutional obligations and for the court to direct the president to appoint an independent commission of inquiry into the arms deals of 1999.

Crawford-Browne wrote to the president and made a request on December 1 2008 for the commission of inquiry. Current Deputy President Kgalema Motlanthe was in office at the time.

Former president Thabo Mbeki, who also turned down such a request in 2003, was forced to leave office by the ruling ANC as tension mounted in the party over Zuma's prosecution for allegedly receiving bribes from arms dealers.

Crawford-Browne was told in December 2008 there was no need for inquiry because a criminal investigation was already under way.

The prosecution against Zuma and arms company Thint was eventually abandoned after the National Prosecuting Authority declared there had been political interference in the investigation. Zuma was inaugurated president in May 2009.

The main issue on Thursday will be whether the president has a constitutional obligation to appoint a commission of inquiry in certain factual circumstances, or whether the matter is a discretion that the president may exercise, or not, at will.


Crawford-Browne believes the refusal to appoint a commission was irrational and that the deals may have been tainted by irregularities, fraud and corruption.

The application is opposed by the president, who will not be at court as he is attending the World Economic Forum on Africa in Cape Town until Friday, according to his spokesperson Zizi Kodwa.

The South African Institute of Race Relations is a friend of the court on the grounds that corruption is a threat to the constitutional order of South Africa, that the president's refusal is irrational and unreasonable and that the court should direct the president to take reasonable steps to address corruption by appointing an independent commission of inquiry. -- Sapa

Arms group admits to SA bribes

Arms group admits to SA bribes

Sapa-AFP
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Stockholm - Swedish defence group Saab on Thursday admitted that millions were paid to clinch a South African contract for fighter jets but said its erstwhile British partner BAE Systems had paid the bribes.

Saab said R24m had been paid by BAE in the form of bonuses and salaries between 2003 and 2005 for the deal involving 26 JAS Gripen fighters.

The comments came after Sweden's TV4 television channel said it had evidence Saab had promised to pay Fana Hlongwane, then advisor to the South African defence minister and also serving as a consultant to the Swedish firm, millions of euros in bonuses if Pretoria did not back out of the Gripen deal.

Saab said R24m had been paid by its South African subsidiary Sanip, which was then controlled by BAE Systems.

Saab president and chief executive Haakan Bushke denied responsibility saying in a statement: "A person employed by BAE systems has without Saab's knowledge signed for us an unknown contract, signed for us up until now unknown transactions..."

BAE Systems said last week it had sold its stake in Saab for £152m.

The 1999 deal with South Africa provided for the sale of 28 jets for €1.6bn but this was later whittled down to 26. The last plane is due to be delivered next year.
Read more about: arms deal | bribes | corruption | bae | saab

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DA to challenge closed arms deal probe
JOHANNESBURG, SOUTH AFRICA - Oct 17 2010 14:47



The Democratic Alliance said on Sunday it would ask the chairperson of the Standing Committee on Public Accounts, Themba Godi, for an urgent special hearing into the termination of the investigation into the arms deal.

"They need to explain why the investigation into corruption in the arms deal was closed," the DA's David Maynier and Independent Democrats leader Patricia de Lille said in a joint statement.

The DA wanted General Anwar Dramat, the head of the Hawks, and Menzi Simelane, head of the National Prosecuting Authority, to be at the special hearing.

The DA said that advocate Glynnis Breytenbach, head of the Special Commercial Crimes Unit, should also be there to "explain the progress made with requests for mutual legal assistance to foreign countries which may assist in the investigation into the arms deal".

In the statement the DA said it believed that the decision by Dramat to close the arms deal investigation was "part of the biggest cover-up of corruption in the history of South Africa".

The DA's response came after the last two "legs" of the investigation into the arms deal were closed, the Mail & Guardian reported on Friday.

Read our story: Arms deal probe (2000-2010)

The report said that while elements of the criminal justice system were still pursuing leads, it appeared that with the main investigative capacity shut down, these efforts stood little chance of success.

The DA said the Hawks knew arms deal corruption went all the way to the highest levels of government and by closing the investigation they had effectively "let some very big political fish off the hook".

"The fact is that we cannot stand by and let the biggest corruption scandal in the history of our country be buried by the Hawks." -- Sapa