Arms deal commission powers welcomed

27 October 2011 - 18:36 By Sapa
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Justice Minister Jeff Radebe
Justice Minister Jeff Radebe

The Seriti commission of inquiry will have two years and extensive powers to "get to the bottom" of all graft allegations that have plagued the arms deal for more than a decade, says Justice Minister Jeff Radebe.

Established in terms of the Commissions Act, it may compel witnesses, including members of the executive, to give evidence and recommend that people implicated in corruption face prosecution.

"They have the power to subpoena anybody, including members of the executive... who can bring light to this issue," Radebe said on Thursday as he announced the terms of reference of the three-man panel chaired by Judge Willie Seriti.

Its remit would allow it to reopen past investigations into the multibillion-rand deal long marred by allegations that senior politicians, including President Jacob Zuma, benefited improperly from contracts.

"As the terms of reference indicate, it is to get to the bottom of whatever allegations there are. So that will cover any new allegations if there are any - past and present," Radebe said.

He described Zuma's appointment of the commission as "a quest to rid our nation of what has become an albatross that must now cease to blemish the reputation of our government and the image of our country.

"It is our conviction that the inquiry will enable us to collectively as a nation reach closure on this otherwise contentious matter."

Radebe said the three-member commission would have powers of search and seizure, would hold public hearings, and would be able to compel witnesses to answer questions. Failure to cooperate with the commission would be punished with up to a year in prison.

Once the commission has completed its work, it will have six months to make recommendations to Zuma on whether civil or criminal charges should be brought against anybody, contracts should be cancelled or financial losses to the state recovered. Radebe said the fact that Zuma appointed the commission suggested he would follow its advice.

"The mere reason that the president as the head of the executive has appointed this commission (means that) its recommendation would be taken very seriously.

"My understanding is that it was not taken very lightly, so it is of profound significance."

Political analyst Steven Friedman said the terms of reference were "appropriate" and the judges' two-year deadline effectively put paid to attempts to use their findings to influence the ANC's succession battle that will be settled in Mangaung in 14 months.

"I don't see any attempt to restrict the inquiry in any way."

Whether it would ultimately lead to criminal prosecutions would depend more on politics than the much-awaited terms of reference announced by Radebe, Friedman added.

"I think that question is going to be settled by the political climate of the day."

Radebe said the commission's final report would be made public, though interim reports submitted to the president every six months would probably not be released.

The commission's powers extend to probing whether any contract was "tainted by any fraud or corruption capable of proof" that justifies its cancellation and whether offset benefits linked to the deal materialised.

Radebe declined to say whether the commission could consider an amnesty for witnesses, or whether the Hawks' tentative reopening of investigations into the deal would now be put on hold.

Arms deal campaigner Terry Crawford-Browne welcomed the powers given to the commission.

"It certainly indicates that the president is serious, which is a fantastic step forward," he told reporters.

Crawford-Browne said Zuma's response to his criticism of appointing sitting rather than retired judges would determine whether he would drop his Constitutional Court case, widely believed to have forced Zuma to appoint the commission.

His lawyer, Paul Hoffman, said the commission presented the country with an opportunity to recover tens of billions of rands.

The Democratic Alliance said Zuma had taken a "brave step" by appointing the commission and its terms of reference appeared comprehensive.

The commission also includes Deputy Judge President of the High Court in Pretoria, Willem van der Merwe, and Judge Francis Legodi of the same court. It has been allocated a budget of R40-million.

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