Cleared+without+being+investigated,+Karima+Brown,+Business+Day

Business Day, Johannesburg, 11 July 2006
=How is one ‘cleared’ without being investigated?=


 * Karima Brown**

HOW the National Prosecuting Authority (NPA) responds to the latest allegations linking President Thabo Mbeki to a French defence company implicated in arms deal corruption will be a litmus test for whether it is really committed to investigating all corruption allegations — no matter who is implicated.

Mbeki allegedly met representatives of Thales and its South African subsidiary, Thint, to discuss awarding a contract to supply a corvette combat suite in 1998. Mbeki was then chairman of a parliamentary committee charged with approving the arms-deal contracts, raising questions of a possible conflict of interest.

Also, the NPA’s response to investigations by the German authorities into SA’s arms-procurement process will indicate whether it can act without undue political interference and manipulation from powerful interests and people in government. Last week, the German publication Der Spiegel reported that German prosecutors estimated that millions of rands in bribes flowed to SA in pursuit of a deal by the German “Frigates Consortium” to build four corvettes.

These payments were made under a “useful payments” bribe scheme, which could at the time be offset against tax under German law.

Der Spiegel alleged that a senior South African politician received a bribe, paid into a Swiss bank account, in return for securing the tender for the German consortium.

Mbeki has since said he would welcome any new investigation into the arms deal, but poured cold water over hopes that a new probe would come to a conclusion different to that of the auditor-general and the other agencies that probed the arms-deal scandal when it first broke in SA — and found no wrongdoing.

Granted, the NPA has already displayed its readiness to take on powerful politicians in the ruling African National Congress (ANC), such as Jacob Zuma. This despite political pressure from sections of the ANC and its allies in the South African Communist Party (SACP) and the Congress of South African Trade Unions, which cried foul and accused the NPA of targeting Zuma unfairly.

Former ANC chief whip Tony Yengeni and Zuma’s former financial adviser, Schabir Shaik, have received their comeuppance and been convicted on various charges relating to fraud and corruption. Zuma, too, will face the music when his trial for corruption and fraud gets under way this month.

However, according to this week’s Sunday Times, the NPA has already “cleared” Mbeki of any wrongdoing, despite confirming it has information linking him to a French defence company implicated in arms deal corruption. NPA spokesman Makhosini Nkosi is quoted as saying that “no evidence of wrongdoing by President Mbeki” has been found.

What is even more bizarre is that Nkosi says the NPA came to this conclusion despite Mbeki never having been the subject of an investigation by the Scorpions, as this was not “warranted”. Forgive me for being confused. How is anyone, including the president, “cleared” of wrongdoing without first being investigated? Barring an investigation, what process was followed to “clear” the president? By prejudging the matter, questions should be raised about how the NPA relates to politicians and government.

Since the latest allegations have surfaced in the media, three political parties, the Independent Democrats, the Democratic Alliance (DA) and the SACP, have all implored the NPA to be more active in its approach to the allegations if it is to be consistent in battling corruption in public life.

Safe to say the NPA’s response has been anything but encouraging. Yesterday, the DA confirmed that the NPA was “considering” its request to investigate certain allegations, outlined in Der Spiegel, about the arms deal.

Given the deep division and factional activity in the ANC, Mbeki’s opponents in the party and the alliance will be keen to point out how Zuma has been singled out. They will not hesitate to point to the NPA’s lacklustre attitude and pussyfooting around the latest furore in the arms-deal saga and contrast it with the macho tactics of the Scorpions investigators when they swooped on Zuma’s properties in dramatic predawn raids in an effort to gather more evidence.

The NPA’s confusing mixed messages on corruption involving senior leaders in the ANC strengthen the view held by some that only politicians who are opponents of Mbeki fall foul of the law. This perception, more than anything, weakens genuine efforts to stem the growing tide of corruption and malfeasance in government.

This is how the credibility of state institutions was compromised in the first place.


 * Brown is political editor.


 * From: http://www.businessday.co.za/articles/opinion.aspx?ID=BD4A230432**

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