Commission has power to subpoena Cabinet ministers

Thursday, October 27, 2011

Cape Town - The commission set up to investigate the arms deal will be able to subpoena witnesses - including cabinet ministers - and have the power of search and seizure, the Minister of Justice and Constitutional Development Jeff Radebe revealed today.

Briefing media in Parliament on the terms of reference for the Commission of Inquiry into allegations of fraud, corruption, impropriety or irregularity in the Strategic Defence Procurement Packages, Radebe said witnesses that failed to co-operate with the commission could face a fine or imprisonment for a period of between six and 12 months.

The commission will be headed by Supreme Court of Appeal Judge Willie Seriti. President Jacob Zuma announced the appointment of Seriti on Monday.

The commission would be assisted by a three seasoned legal practitioners chosen by Judge Seriti, namely Advocate Vas Soni, Advocate Sthembiso Mdladla and Advocate Mahlape Sello.

Radebe said the seat of the commission would be in Johannesburg, but added that because of security concerns, the actual location of the premises would not be disclosed at this stage.

An announcement of the location and the first public hearings would, however, be made in due course.

The security of the premises, information and personal security would remain a high priority.

The commission is to investigate six areas, including whether any person or persons within and, or outside the government may have improperly influenced the award or conclusion of any of the contracts awarded and concluded in the arms deal procurement process.

The other areas included: the rationale for the arms deal, whether the arms and equipment acquired under the arms deal had been used at all or had been underutilised, whether job opportunities expected to flow from the arms deal had materialised at all and whether offsets anticipated to flow from the arms deal had materialised at all.

The commission would also investigate whether any contract concluded pursuant to the arms deal has been tainted by any fraud or corruption capable of proof, such as to justify its cancellation and the ramifications of such a cancellation.

Radebe said the commission would also make recommendations over whether legal proceedings should be instituted against any persons, the nature of such legal proceedings and whether there was any basis to pursue such persons for the recovery of any losses that the State might have suffered as a result of their conduct.

Radebe said these terms of references might be added to or amended from time to time.

Pointing out that the commission would submit interim reports and recommendations to Zuma from time to time and at least every six months, he said the government would not take the recommendations of the commission lightly.

"The mere reason that the President, as the Head of Executive, has appointed this commission means that its recommendations will be taken very seriously, it's a very serious issue.

"My understanding is this (the decision to set up the inquiry) was not taken lightly. So it's of profound significance," said Radebe.

A budget of R40 million had been set aside by the Department of Justice and Constitutional Development to fund the costs of the commission.

These costs would include remuneration of commission personnel, administrative costs such as translation services and travelling and accommodation and equipment required for the commission to carry out its business.

He said any investigations involving overseas visits, would be up to the commission to decide on.

The commission has appointed practicing attorney Mvuseni Ngubane, a former member of the Judicial Service Commission, as secretary of the commission.

Staff and researchers would be appointed to constitute the secretariat the commission.

"The establishment of this commission and the commencement of its work, represent a watershed moment in the history of democratic South Africa, in a quest to rid our nation of what has become an albatross (around the country's neck) that must now cease to blemish the reputation of our government and the image of our country," said Radebe.