Hawks boss questions viability of arms-deal probe

Hawks boss questions viability of arms-deal probe
EMSIE FERREIRA CAPE TOWN, SOUTH AFRICA - 2010
The head of the Hawks, Anwa Dramat, on Wednesday questioned whether it was in South Africa's interest to pursue the only two remaining investigations linked to the arms-deal scandal.

Dramat told Parliament's watchdog public accounts committee, Scopa, that both cases were dependent on obtaining information from other countries, and could therefore take up to 10 years to conclude.

"These two legs await information from other authorities. But even with information from the said authorities, the question is whether it is in the best interest of the country to pursue these investigations, which will take at least five to 10 years and cost more than R10-million."

He added, to the outrage of MPs: "That is for Parliament to take an executive decision on."

Dramat was referring to investigations into claims that senior South African officials took bribes from German and British arms-makers who secured tenders to sell the country German warships and Hawk jet trainers.

He confirmed that a single investigator -- former Scorpions members Johan du Plooy -- has been working on the complex case involving the German Frigate Consortium.

In order to obtain the help of the German authorities, the Hawks asked the National Prosecuting Authority (NPA) to appoint a judge to issue a request for mutual legal assistance. The matter has since been referred to the Special Commercial Crimes Unit.

"Those dockets were presented to the NPA in June," Dramat said, adding that the Hawks had no choice but to wait for the NPA's next move.

The second case, involving claims of bribes from Britain's BAE Systems, appeared similarly stalled, with the police waiting for a decision from the NPA on whether or not to proceed with charges, or to request further investigation.


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Dramat said together the two cases involved alleged illicit payments of about R480-million.

Dragging their feet
Opposition MPs charged that the state of play suggested authorities were dragging their feet and might be under political duress to drop any remaining probe into the scandal, which dates from more than a decade ago.

"It is my impression ... that what we've heard today [Wednesday] is that there is an investigation where there are 460 boxes of documents, 4,7-million computer-generated documents and one investigator apparently assigned to that investigation," David Maynier from the Democratic Alliance said.

"I conclude or infer from that that what we are dealing with here is a non-investigation. The inference is always that we are in a situation like this because there has been some kind of political interference."

He asked Dramat and NPA head Menzi Simelane whether President Jacob Zuma and current or former ministers had ever sought to influence the course of the investigations.

Both Dramat and Simelane strenuously denied any political meddling.

Dramat said he had only met Zuma in person on one occasion, "and there was no discussion of any investigation with the president at all".

"I can confirm that at least on my side there has been no pressure or undue influence that has been placed on me in terms of this investigation."

Simelane added: "The answer is no, I have never discussed any matter in the NPA with President Zuma."

He added that he would not rush the cases to suit the opposition either.

"The matter will be dealt with in accordance with the law and as reasonably and possibly as we can. We are not going to do anything that compromises any investigation just because it suits any individuals or parties that are interested in this matter."

Lack of foreign cooperation
Asked about his decision to order the Asset Forfeiture Unit (AFU) to abandon steps to freeze the foreign assets of former defence adviser Fana Hlongwane in the BAE investigation, Simelane again cited a lack of foreign cooperation among the obstacles encountered.

Maynier quipped that the snail's pace at which both cases were proceeding suggested the "Hawks need a strong dose of investigative Red Bull".

The arms-deal investigations go back to the mid-1990s. In 2008, the Scorpions reopened the case involving BAE's sale of Hawk jet trainers to South Africa and raided the offices of Hlongwane and BAE's Pretoria premises at the end of that year.

In February, Britain's Serious Fraud Office decided to settle bribery charges with arms manufacturer BAE Systems, raising concerns that the South African probe would hit a dead end.

In March, Simelane ordered the AFU not to pursue an attempt to seize millions of rands held in Lichtenstein by Hlongwane, saying he was not convinced by the evidence against him. -- Sapa

Arms deal probe ‘cancelled’

Monday, 11 October 2010 20:46
PAUL KIRK

JOHANNESBURG - The Hawks have scuttled all investigations into bribery and corruption in South Africa’s leg of the arms deal most closely linked to President Jacob Zuma and his inner circle.

Cape Town businessman Richard Young has been officially informed that Hawks boss Anwar Dramat cancelled investigations into the leg of the arms deal in which he, Young, was the complainant.

In November last year Young submitted a criminal complaint against former Defence Procurement boss Shamin “Chippy” Shaik, Thyssen TRT and companies closely associated with paying Shaik and Zuma bribes.

Repeated attempts to obtain detailed comment from the National Prosecuting Authority (NPA) were stonewalled, with the prosecutions body telling The Citizen to contact the Hawks as the NPA have has no investigative capacity.

The latest investigation into “Chippy” Shaik commenced started after Young laid charges with the police. Earlier probes into the arms deal had been initiated by the State itself.

Young himself confirmed the end of the investigation: “As the complainant in the matter I was officially contacted by Colonel Johan Du Plooy last week and informed that a decision had been made by Dramat who had handed an order in writing ... to cease the investigations. The reasons given to me were financial – and the supposed fact that the Germans were not willing to co-operate with the investigation.”

Young’s Cape Town company CCII Systems lost out on key arms deal contracts to a French company whose local representative, Schabir Shaik, was the brother of “Chippy” Shaik. Schabir Shaik was subsequently convicted of paying bribes to President Jacob Zuma.

In May this year, Menzi Simelane, the National Director of Public Prosecutions appeared before Parliament’s standing committee on public accounts (Scopa) and admitted that he had handed over all the arms deal investigations to the Police Directorate of Priority Crimes Investigations.

Last month the head of the DPCI – or Hawks – Anwar Dramat, told Scopa that his investigators were probing fraud and corruption to the value of R480 million. He also told Parliament he expected the probe could take another five years and cost up to R10 million.

He then asked Parliament to take an “executive decision” on whether it was in the “best interests of the country” to proceed with the investigations.

Dramat was slapped down by Scopa, who which refused to do so. Opposition MPs were critical of Dramat. Democratic Alliance member on Scopa, David Maynier, told Dramat that he: “needed a stiff dose of investigative Red Bull’.” Independent Democrats leader Patricia de Lille said Dramat was “out of order” for making the requesting that parliament scrap a criminal investigation. Inkatha Freedom Party representative on Scopa, Narend Singh, said that cost should not be a reason to scrap the probe. Singh told Dramat that spending R10 million to go after R480 million in bribes was a “good deal”. He suggested the assets of those who took bribes could be seized.

Asked to comment on the latest developments, Maynier said: “If it is true that the investigation into the arms deal has been shut down, then it is a complete travesty of justice. It was clear from last month’s presentation by General Anwar Dramat ... that there was very little appetite to pursue the investigation.

“The fact is that the arms deal corruption slick reaches all the way into the highest level of government, including President Jacob Zuma. There is no doubt that if there was a full investigation some very big political fish would be convicted and jailed.”

Young said that he questioned the claims that German investigators were not willing to co-operate. Last month The Citizen reported that the Hawks had confirmed being in possession of a document given to them by German investigators which seemed to be “smoking gun” evidence of Shaik’s corruption.

The document, given to the Hawks by German prosecutors reads in part: “The last trip (July 27 to 30, 1998) was suggested by C Shaikh (sic), director Defence Secretariat. During one of our meetings he asked once again for explicit confirmation that the verbal agreement made with him for payment to be made in case of success, to him and a group represented by him, in the amount of $3 million (about R21 million).”

Despite claims by the Hawks that the letter was not officially obtained – and therefore not of use in court – a top legal expert, Advocate Paul Hoffman SC, told The Citizen that the “Law of Best Evidence” allowed prosecutors to use the best available evidence – which could be a copy and not the original.

It was not clear whether the Hawks were proceeding with the other leg of the arms deal investigation – a probe into bribes paid by BAE Systems who paid large amounts to various politicians and officials in order to win the contracts to supply Hawk Jets and Gripen fighter aircraft.

At the time of going to press the Hawks’ Musa Zondi had not responded to The Citizen – as he undertook to do after receiving numerous many phone calls.

The Citizen

Comments by Sonny

The Hawks are just as good as the TRC!

Too many smoking guns in their hands!

The President will reward his disciples with Grace!