Review of arms investigation report inspires undertaking to tighten anti-corruption laws

Parliamentary Editor

Cape Town - Conflicts of interest, which have played a key role in the investigation of the state's arms deal, could soon be criminalised following the undertaking yesterday by MPs that they will use the review of the arms investigation report to close loopholes in SA's anti-corruption laws.

The conflict of interest between the head of acquisition in the arms deal, Shamin "Chippy" Shaik, and his official responsibilities because of his brother Shabir Shaik's interests in the defence industry, have been a key feature of the investigation into corruption in the arms deal. Chippy Shaik has now been suspended, and Shabir Shaik charged under protection of information laws. It is believed that current anti-corruption legislation makes prosecution in terms of the arms deal allegations difficult.

Johnny de Lange, the chairman of Parliament's justice committee, which is one of those reviewing the investigation report, said yesterday that the committee would consider making recommendations to government on changes to anti-corruption laws. He explained that a revised anti-corruption bill was with an interministerial committee at the moment "and we should suggest that the new legislation is introduced as quickly as possible".

De Lange said that the existing 1992 anti-corruption law had significant loopholes in it, such as the fact that it had repealed common law offences, including bribery. He said the arms deal report highlighted certain shortcomings in the law, particularly one identified by President Thabo Mbeki conflict of interest. In some jurisdictions in the world, acting with a conflict of interest was a criminal offence, he said.

Members of the seven committees involved in the review of the arms report spent much of the day yesterday sorting out the way in which they will go about their business. In this process, some clear divisions started to emerge, with African National Congress (ANC) MPs saying that the task was not to start another investigation but to exercise oversight of the one compiled by the three investigating agencies.

In a meeting of the two defence committees, the Freedom Front (FF) and the Democratic Party (DP) said that it was clear that the investigating agencies needed to be asked questions where things were not clear.

FF MP Pieter Groenewald said it was necessary for investigators to be interviewed, while DP MP Roy Jankielson said questions should be compiled and sent to the investigators for reply.

This was immediately rejected by ANC chairman Ntsiki Mashimbye, who said that he did not see any need to call investigators before the committee. The investigation report was before the committee and it should respond to the findings and recommendations, Mashimbye said.

Groenewald said: "It appears as if the ANC-controlled committees want to steamroller the report through by submitting a parliamentary report and then putting the arms deal report on the shelf. Action is taken against some individuals to create the perception that action is indeed taken against corruption, and it is then expected from parliamentary committees to let the matter rest there." Not being allowed to further question investigators turned the whole thing into a "farce" and the committee into a "rubber stamp".

With acknowledgement to Wyndham Hartley and Business Day.