Two judges 'enough' for arms deal case

20 August 2013 - 02:35 By SCHALK MOUTON
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Judge Willie Seriti
Judge Willie Seriti
Image: ALON SKUY

The public hearings into South Africa's R70-billion arms deal will start today - but only two commissioners will preside.

The hearings were postponed for two weeks after Judge Francis Legodi resigned on August 1 - the third commissioner to bail out.

They will be presided over by Judge William Seriti and Judge Hendrick Mmolli Thekiso Musi.

The commission's spokesman, William Baloyi, said that though there is a possibility that President Jacob Zuma will appoint another commissioner, two would suffice.

"Theoretically, a problem could arise if, at the end of the hearings, the two members cannot agree on the findings and/or recommendations. The view of the commissioners is that they should be able to reach consensus," said Baloyi.

Adding a third member might cause more delay, he said.

"This scenario has the disadvantage that the new member would not be au fait with the background information acquired through the substantial preparatory work that preceded the hearings," he said.

The commission opened in Pretoria yesterday.

"The common question among those who criticised the [arms] acquisitions is 'Why did the country spend so much money at a time when it faced no internal or external military threat?'," said evidence leader Matshego Ramagaga.

Officers of the navy and air force are expected to open the proceedings today by explaining, among other things, why the defence force needed to purchase the four corvettes, three submarines, 30 Augusta light utility helicopters, 24 Hawk fighter-trainer aircraft and 26 Grippen light fighter aircraft.

Armscor will testify after the military officers. Armscor acted as the acquisitions agent .

Former defence minister Mosiuoa Lekota and his then deputy, Ronnie Kasrils, and former president Thabo Mbeki, are expected to testify at the hearings, as are Cape Town mayor Patricia de Lille, who led the call for an investigation into the arms deal, and long-time critics of the deal David Maynier, Andrew Feinstein and Paul Holden.

Tayob Aboobaker, another evidence leader, said: "We urge the members of the executive, and indeed those responsible for initiating this commission, to do everything in their power to make sure that the documents are available for public scrutiny.

"It is only the most sensitive of documents, which impact on the relationships between nations, and documents that affect the security of the state, that can justify non-disclosure.

"Of necessity, some of the hearings of this commission will be in camera. These should be kept to a bare minimum."

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