Publication	Business Day
Date	2011-10-28
Reporter	Wyndham Hartley
Web Link	www.bday.co.za

The terms of the inquiry, plus far-reaching powers to subpoena any person to testify, will allow every aspect of the deal to be probed

Cape Town ­ The terms of reference and powers of the arms deal commission of inquiry are so wide they could lead the probe to the door of President Jacob Zuma himself.

The announcement of the terms by Justice Minister Jeff Radebe yesterday comes against considerable speculation that Mr Zuma established the commission only to avoid being compelled to do so by the Constitutional Court. It was also speculated that the terms of reference would be used to contain and manage the probe.

This has not transpired and the terms, plus far-reaching powers to subpoena any person to testify, will allow every aspect of the deal to be probed. It allows any allegation of fraud and corruption in the contracts to be investigated, and also whether any person, in SA or abroad, improperly influenced the award of the contracts.

The terms also allow the offset deals with suppliers to be probed. The defence and national industrial participation schemes have been the subject of persistent claims that the weapons companies have not honoured their obligations and that offset credits were manipulated.

Answering questions at a news conference, Mr Radebe said the subpoena powers meant the commission could subpoena anyone, even Mr Zuma, if it felt it necessary.

He said he assumed the commission had the power to travel overseas in its investigation. This means it could link up with probes by the British serious fraud office and prosecutors in Germany.

The commission, which consists of Judges Willie Seriti, Willem van der Merwe and Frans Legodi, will have two years to investigate and a further six months to prepare its final report. It will cost R40m.

Mr Radebe said the commission would make recommendations to the president and he was sure these would be taken seriously.

He said he assumed the findings would be made public because it was a matter of such great public interest. The decision to mount the inquiry should be welcomed rather than questions asked about why it had taken so long.

" As we cross the arms deal Rubicon, we wish to assure all South Africans that this commission will work independently of everyone, including the executive," Mr Radebe said. "Its credibility remains paramount as it is about to undertake an all-important national duty. The impact of its work will be significant even beyond … our shores."

Arms deal activist Terry Crawford-Browne, who was to ask the Constitutional Court to order Mr Zuma to appoint the commission, said he would have preferred retired judges to be chosen. The use of sitting judges might allow arms companies to challenge the legality of the commission.

Democratic Alliance defence spokesman David Maynier welcomed the terms, and said Mr Zuma had taken a brave step.

With acknowledgements to Wyndham Hartley and Business Day.

Previously Terry The Lion Heart was a just a gorilla, while I was just a Jintelman Litigant at best and a gadfly at presumably less than best.