Commission bogged down by arms deal |
Publication |
Sunday Times |
Date | 2012-10-14 |
Reporter | Werner Swart |
Web Link | www.timeslive.co.za |
Two years not enough to finish procurement
investigation
The commission set up to investigate South
Africa’s multibillion- rand arms deal has
admitted that it is
unlikely to meet its two-year deadline *1.
The Arms Procurement Commission, which will
begin its public hearings early next year, has
the mammoth task of working through
more than one
million pages of submissions *2 and
other documents *3.
The commission is led by Judge Willie Seriti and
was appointed by President Jacob Zuma to probe
the controversial strategic defence procurement
package, popularly known as the arms deal.
The saga has become the single most
controversial government deal in post-apartheid
South Africa and investigations have implicated
top politicians who
scored millions from it *4.
Senior ANC politician Tony Yengeni and Zuma’s
former financial adviser, Schabir Shaik, were
convicted and sentenced to prison for fraud in
the deal, but both have since been released.
Yengeni was sentenced to four years’
imprisonment for accepting a discount on a
luxury Mercedes-Benz, but served only four
months. Shaik received a 15-year sentence for
his “corrupt” relationship with Zuma and
soliciting a bribe from French arms manufacturer
Thomson-CSF, since renamed Thales, but he was
controversially released on medical parole after
serving two years.
A key witness to the commission may be Shaik’s
brother, Chippy Shaik, who was the chief of
acquisitions for the Department of Defence at
the time of the arms deal.
Although he resigned, Chippy Shaik has been
accused of allegedly soliciting a “success” fee
from the German consortium that sold four
frigates to South Africa as part of the arms
deal.
Commission spokesman William Baloyi said seven
submissions had been received, including one
from well-known anti- arms deal crusader Terry
Crawford-Browne.
“The bulk of the information comes in the form
of hard drives,” he said. ‘There is an ongoing
process involving the making of copies and
binding ... The teams are studying and analysing
the completed documents.
“Further documents are coming in and we expect
to get more from various sources.”
The commission’s headquarters is in Pretoria and
it has a budget of R40-million. But it is
unlikely to meet its deadline of finalising its
report by November 2013 because of the volume of
work.
Baloyi said the commission was now in “phase
two”, which included gathering evidence from law
enforcement agencies around the world.
“Some agencies that have already conducted
investigations into the [ arms deal ] are
reported to possess massive documentation and
government agencies and other bodies that
participated in the acquisition process can be
expected to also possess a mass of documents.”
He said these documents still had to be studied
and further investigated. There were paper
trails to be followed as well as interviews with
people.
“It is in this phase that the commissioners may
have to visit some of the foreign countries
where some of the bidding companies are located
in order to gather information,” he said.
The commission hopes to begin phase three —
public hearings — early next year. Baloyi said
relevant witnesses would be identified and
interviewed and the commission could issue
subpoenas to bring other witnesses to testify.
“Its duration cannot be predicted, given that
there probably will be
many witnesses and
scores of legal representatives *5, whose
availability can sometimes become a nightmare.
“Six months [for the hearings] may be a fair
estimation if there are no major disruptions.
However, it will not
be surprising if the public hearings last for
the rest of 2013,” said Baloyi.
The commission will have six months from the
date of the public hearings’ conclusion to write
its final report.
ACQUISITIVE: Chippy Shaik
CONVICTED: Schabir Shaik
With acknowledgement to Werner Swart and Sunday Times.
*1
*2
*3
The BAE angle has more than 4 million pages
seized in South Africa alone.
Most of these are pages derived from images from
computer files.
Overseas certain investigative agencies have
several hundred thousand pages of copies of
paper records; many of these detailing several
thousand covert pages made by BAE Systems
through its Red Diamond BVO money-laundering
subsidiary.
Locally, the Shaik/Zuma/Thales cases probably
have a million pages of copies of paper pages
between them, hundreds of thousands of them
seized in this country, tens of thousands seized
in France and thousands seized in Mauritius.
The Germans have hundreds of thousands of pages
seized in simultaneous raids on Thyssen, HDW,
Ferrostaal and MAN. Many of these document
bribes paid by Thyssen to get the frigate
contract and by Ferrostaal to get the submarine
contract.
In the UK political pressure was placed on the
Serious Fraud Office to settle with serial
briber BAE Systems and abandon the South African
Gripen/Hawk leg.
In Germany political pressure was placed on the
investigating authorities in Dusseldorf and
Munich to settle with serial bribers Thyssen and
abandon the South African MEKO 200AS and Type
209 legs.
A deliciously named Jurgen Koopman of Thyssen
paid some small fines in respect of the frigate
leg.
It was much worse in Munich in late December
last year. Ferrostaal paid hyndreds of millions
of US dollars in respect of its corruption in
the Greek and Portuguese submarine deals.
But Ferrostaal got off scott-free in respect of
its corruption in the South Africa submarine
deal.
*4
Their political party certainly did.
Joe Modise died before he received his stash.
Chippy Shaik, Fana Hlongwane, Tony Yengeni and
Lambert Moloi cannot be considered as top
politicians.
Neither can Richard Charter, Tony Ellingford,
Llew Swan nor Jeremy Mathers.
Nor can John Bredenkamp nor Tony Georgadis,
Jacob Zuma is certainly a top politician, but he
sold out for ZAR500 000 for two years, but only
received R249 725 of this. The South African
Reserve Bank took the other R275 as a fee on the
forex transaction.
But altogether the Me's, Ye's and Ayencees took
some R2 billion in overt and covert commissions
in the Arms Deal as follows :
BAE/Saab
Thyssen
Ferrostaal
Thales
Other
Total
Of this only about
10% to 20% is overt commissions. The rest is
straight bribes.
This is just on the DIP side. It probably
doubles on the NIP side.
*5
Been there, done that.
Competition
If there is anyone out there still reading
my magenta comments, I can vouch for the fact
that there are still pearls contained herein.
If there is still anyone out there who considers
themselves clever enough to know the whyfors and
the wherefors of the Arms Deal, here are my
competition questions of the moment :
Why did Ferrostaal get off scott-free in respect of its corruption in the South Africa submarine deal?
Why did Thyssen get off scott-free in respect of its corruption in the South Africa frigate platform deal?
Why did BAE Systems get off scott-free in respect of its corruption in the South Africa LIFT and ALFA deals?
Why did Thales get off scott-free in respect of its corruption in the South Africa frigate combat suite deal?
Any provider of the correct answers to these
questions during the next 14 days will receive a
Christmas hamper consisting of one hundred (100)
kiloWatthours (kWh) of electricity made from
renewable resources - or an equivalent monetary
donation to the Save the Rhino Find.
Anyone who does not enter my competition is a
nincampoop.