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. Dramat said together the two cases involved alleged illicit payments of about R480-million.
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."
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.
Source: Mail & Guardian
Showing posts with label Fana Hlongwane. Show all posts
Showing posts with label Fana Hlongwane. Show all posts
Wednesday, September 8, 2010
Wednesday, April 7, 2010
Time to move away from the Malema monologue to dialogue on our future
A hip-hop star, allegedly high on cocaine ploughs into a group of schoolchildren in Soweto, killing 4 of them. The National Director of Public Prosecutions (NDPP), Menzi Simelane, admits to intervening in order to ensure that the singer gets bail. This is so despite the fact that the senior prosecutor assigned to the case, opposes bail. A senior political figure visits the singer in prison and provides him with a take-out meal.
This story of hip-hop singer, Jub-Jub neatly reflects so much of what is wrong in our society; life is cheap and if you are poor it is even cheaper and there are no guarantees that the law will provide the requisite protection from excess. Those who are politically connected, it seems, stand a greater chance of escaping the consequences of their actions. No presidential address made the news when these children were killed. One of the most dangerous appointments made by President Zuma must surely be that of Menzi Simelane? During the Ginwala commission of enquiry into the fitness of Vusi Pikoli (then NDPP) to hold office, Simelane, then Director-General of Justice, was found to have interfered when he deemed it proper to pen a letter to Vusi Pikoli in order to stop the investigation into Jackie Selebi. Ginwala found this conduct to be ‘reckless' and Simelane's evidence ‘contradictory'. That Simelane is now in probably one of the most powerful positions in the country and making decisions on prosecutions should concern all who are committed to the rule of law. His ‘redeployment' of senior members of the prosecuting service seems less linked to bolstering the lower courts than to weakening the resolve of senior prosecutors. His admission to intervening in the Jub Jub case and opposition to a provisional preservation order against Fana Hlongwane, who was alleged to have received bribes associated with the arms deal both indicate that Simelane is continuing his ‘reckless' actions to suit the political winds. Thus far Simelane has done little to deserve our trust. In fact, in the Jub Jub case he has acted against the interests of children and the community through his intervention.
This weekend when Eugene Terreblanche is murdered on his farm in Ventersdorp, the President, in an address on national television appeals for calm and says that ‘the institutions of state' must be allowed to do their work. They should, but then equally, those in power should not use political influence to undermine the institutions of state, as we have seen repeatedly in recent times. For, during times of crisis and when political rhetoric becomes inflamed, all we can do is rely on the rules of the game. What this means, simply, is that when a court hands down a decision regarding hate speech, the state should be firm in its resolve to ensure that inflammatory language does not lace our political discourse. It also means that the President, as head of state must unequivocally show leadership on such matters and on questions of nation-building. It means that the President must, on behalf of all of us, say unequivocally, that the nightmarish visions of an unelected upstart like Julius Malema, dressed in ZANU-PF garb does not represent who and what we are.
Whatever the motive behind the murder, the Terreblanche incident shows that life is cheap; both white life and black life. It is a sad indictment of our society and the depravity which is reflected in these acts. Black people in Ventersdorp now live in fear of reprisals from right-wingers. White farmers continuously live in fear of being murdered and attacked on their farm homes. Whatever the politics of Terreblanche, his murder was a brutal act and must be condemned. It should also provide pause for thought at the hundreds of farmers murdered annually and the many killed in townships and suburbs across our country in random criminal acts. If anything, the state has failed dismally to keep us all safe. We don't need statistics to prove the lawlessness. It is in the suburbs behind electric fences, in the townships amongst mothers afraid to allow children to play outside for fear of being raped or attacked.
We live in uncertain times. Our political leadership has never been as unconvincing since the dawn of democracy. Never before has cross-racial solidarity to advance the gains of 1994 been so crucial. Never before have we needed to build social movements, a powerful media and community organizations to advance the rights of the Constitution, more than now. It is time. It is time for ordinary citizens, business, the academy and communities to take a stand for a decent society with principled leadership. It is time for us to move away from the ‘Malema monologue' and into a dialogue between the millions of peace-loving South Africans who want to see the beloved country prosper.
Source: Polity: INSTITUTE FOR DEMOCRACY IN SOUTH AFRICA: Judith February
This story of hip-hop singer, Jub-Jub neatly reflects so much of what is wrong in our society; life is cheap and if you are poor it is even cheaper and there are no guarantees that the law will provide the requisite protection from excess. Those who are politically connected, it seems, stand a greater chance of escaping the consequences of their actions. No presidential address made the news when these children were killed. One of the most dangerous appointments made by President Zuma must surely be that of Menzi Simelane? During the Ginwala commission of enquiry into the fitness of Vusi Pikoli (then NDPP) to hold office, Simelane, then Director-General of Justice, was found to have interfered when he deemed it proper to pen a letter to Vusi Pikoli in order to stop the investigation into Jackie Selebi. Ginwala found this conduct to be ‘reckless' and Simelane's evidence ‘contradictory'. That Simelane is now in probably one of the most powerful positions in the country and making decisions on prosecutions should concern all who are committed to the rule of law. His ‘redeployment' of senior members of the prosecuting service seems less linked to bolstering the lower courts than to weakening the resolve of senior prosecutors. His admission to intervening in the Jub Jub case and opposition to a provisional preservation order against Fana Hlongwane, who was alleged to have received bribes associated with the arms deal both indicate that Simelane is continuing his ‘reckless' actions to suit the political winds. Thus far Simelane has done little to deserve our trust. In fact, in the Jub Jub case he has acted against the interests of children and the community through his intervention.
This weekend when Eugene Terreblanche is murdered on his farm in Ventersdorp, the President, in an address on national television appeals for calm and says that ‘the institutions of state' must be allowed to do their work. They should, but then equally, those in power should not use political influence to undermine the institutions of state, as we have seen repeatedly in recent times. For, during times of crisis and when political rhetoric becomes inflamed, all we can do is rely on the rules of the game. What this means, simply, is that when a court hands down a decision regarding hate speech, the state should be firm in its resolve to ensure that inflammatory language does not lace our political discourse. It also means that the President, as head of state must unequivocally show leadership on such matters and on questions of nation-building. It means that the President must, on behalf of all of us, say unequivocally, that the nightmarish visions of an unelected upstart like Julius Malema, dressed in ZANU-PF garb does not represent who and what we are.
Whatever the motive behind the murder, the Terreblanche incident shows that life is cheap; both white life and black life. It is a sad indictment of our society and the depravity which is reflected in these acts. Black people in Ventersdorp now live in fear of reprisals from right-wingers. White farmers continuously live in fear of being murdered and attacked on their farm homes. Whatever the politics of Terreblanche, his murder was a brutal act and must be condemned. It should also provide pause for thought at the hundreds of farmers murdered annually and the many killed in townships and suburbs across our country in random criminal acts. If anything, the state has failed dismally to keep us all safe. We don't need statistics to prove the lawlessness. It is in the suburbs behind electric fences, in the townships amongst mothers afraid to allow children to play outside for fear of being raped or attacked.
We live in uncertain times. Our political leadership has never been as unconvincing since the dawn of democracy. Never before has cross-racial solidarity to advance the gains of 1994 been so crucial. Never before have we needed to build social movements, a powerful media and community organizations to advance the rights of the Constitution, more than now. It is time. It is time for ordinary citizens, business, the academy and communities to take a stand for a decent society with principled leadership. It is time for us to move away from the ‘Malema monologue' and into a dialogue between the millions of peace-loving South Africans who want to see the beloved country prosper.
Source: Polity: INSTITUTE FOR DEMOCRACY IN SOUTH AFRICA: Judith February
Tuesday, March 30, 2010
ACDP: Statement by Steve Swart, African Christian Democratic Party spokesperson, on the NPA’s decision to demote prosecutors
"It is shocking that these top prosecutors, with many years of experience, have been effectively demoted at a time when the courts are struggling to deal with heavy case-loads and complex trials. Prosecutors are at the forefront of the fight against crime, with many cases being lost due to inexperienced prosecutors.
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court. This decision smacks of revenge and requires an explanation.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo "Jub Jub" Maarohanye. According to media reports, Jub Jub, who faces four counts of murder, campaigned for the ANC during the 2009 elections. Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high-profile and serious cases in the High Courts. It is disgraceful that these experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases. The NPA is still reeling from the impact of the disbanding of the Scorpions, which had a serious impact on the investigation and prosecution of organised crime cases, as well as on the morale of prosecutors. These decisions will have a similar impact.
The ACDP will require Simelane to explain these irrational decisions which seem to be motivated by revenge (particularly in the case of Nengovhelo and Lamprecht) when he appears before the Justice Committee next term. We also trust that the prosecutors affected will approach the courts for a review of these decisions. We cannot afford not to maximise the skills of our experienced prosecutors in the fight against crime, particularly in the highest courts of the land.
The ACDP will also hold Simelane to account by questioning him on his decision not to support the Assert Forfeiture Unit (AFU) in its attempts to seize millions of rands - allegedly the proceeds of bribes from arms multinational BAE Systems - held offshore by arms deal kingpin Fana Hlongwane. This after the AFU had already obtained a provisional court order against Hlongwane."
Source: Polity
According to media reports, Mutuwa Nengovhela, who was part of the prosecution team in the rape trial of President Zuma and who was a deputy director at the Johannesburg High Court, has been demoted to the Family Court. This decision smacks of revenge and requires an explanation.
Another chief prosecutor, Andre Lamprecht, who has 33 years of experience, allegedly refused to follow an instruction from the National Director of Public Prosecutions, Menzi Simelane, not to oppose bail for hip-hop musician Molemo "Jub Jub" Maarohanye. According to media reports, Jub Jub, who faces four counts of murder, campaigned for the ANC during the 2009 elections. Lamprecht has been demoted to an ordinary prosecutor.
Three other prosecutors, Deon Vlok, Nthabasieng Motsau and Raymond Mathenjwa were also effectively demoted to junior posts.
Nengovhela and Vlok are key to the prosecution of high-profile and serious cases in the High Courts. It is disgraceful that these experienced prosecutors are to be transferred to the Family Court to deal with less serious sexual offences, domestic violence and maintenance cases. The NPA is still reeling from the impact of the disbanding of the Scorpions, which had a serious impact on the investigation and prosecution of organised crime cases, as well as on the morale of prosecutors. These decisions will have a similar impact.
The ACDP will require Simelane to explain these irrational decisions which seem to be motivated by revenge (particularly in the case of Nengovhelo and Lamprecht) when he appears before the Justice Committee next term. We also trust that the prosecutors affected will approach the courts for a review of these decisions. We cannot afford not to maximise the skills of our experienced prosecutors in the fight against crime, particularly in the highest courts of the land.
The ACDP will also hold Simelane to account by questioning him on his decision not to support the Assert Forfeiture Unit (AFU) in its attempts to seize millions of rands - allegedly the proceeds of bribes from arms multinational BAE Systems - held offshore by arms deal kingpin Fana Hlongwane. This after the AFU had already obtained a provisional court order against Hlongwane."
Source: Polity
Sunday, March 21, 2010
Court papers allege 'payments to Hlongwane'
Court papers have apparently emerged which reignite claims against Fana Hlongwane for possibly receiving incentives linked to the arms-deal scandal, the Sunday Times reported.
On Friday, the National Director of Public Prosecutions (NDPP) said in a statement received by the South African Press Association that it had abandoned a preservation order against assets seized from Hlongwane, who was under investigation for possibly receiving incentives from international arms company BAE Systems. In the statement, the NDPP's Menzi Simelane said there was insufficient evidence to support the retention of the preservation order. "Whilst there was and still is room to argue for the retention of the preservation order, the evidence available does not support this approach," said Simelane.
On Sunday, the newspaper reported that it had documents in its possession that "show he [Hlongwane] was indirectly paid more that R200-million by British defence company BAE".
In Friday's statement, the NDPP said it had authorised the application for the preservation order earlier this month, after considering and receiving reports from Willie Hofmeyr, the deputy national director of the NDPP assigned for asset forfeiture processes. However, the NDPP then said the matter could not progress because the investigation had yielded no evidence of criminal conduct, and it could not continue simply on a suspicion. The newspaper however said it had examined hundreds of pages of court documentation "kept under lock and key in the office of the court registrar" which contained a variety of claims against Hlongwane.
The newspaper reported on an affidavit it had seen -- written apparently by Deputy Director of Public Prosecutions Billy Downer -- which allegedly detailed payments of millions of pounds Hlongwane received from a company, Arstow, apparently linked to BAE. "There are reasonable grounds to believe that [Hlongwane] has committed the offences of corruption, fraud, money laundering and/or racketeering in the context of the arms deal," the newspaper quoted an extract of Downer's affidavit as saying. It also reported that Downer said in his affidavit that Hlongwane had "derived financial reward" from the arms deal. Hlongwane's lawyer Christo Stockenstrom was quoted as telling the Sunday Times: "I'm not going to comment on anything".
Source: Mail & Guardian
On Friday, the National Director of Public Prosecutions (NDPP) said in a statement received by the South African Press Association that it had abandoned a preservation order against assets seized from Hlongwane, who was under investigation for possibly receiving incentives from international arms company BAE Systems. In the statement, the NDPP's Menzi Simelane said there was insufficient evidence to support the retention of the preservation order. "Whilst there was and still is room to argue for the retention of the preservation order, the evidence available does not support this approach," said Simelane.
On Sunday, the newspaper reported that it had documents in its possession that "show he [Hlongwane] was indirectly paid more that R200-million by British defence company BAE".
In Friday's statement, the NDPP said it had authorised the application for the preservation order earlier this month, after considering and receiving reports from Willie Hofmeyr, the deputy national director of the NDPP assigned for asset forfeiture processes. However, the NDPP then said the matter could not progress because the investigation had yielded no evidence of criminal conduct, and it could not continue simply on a suspicion. The newspaper however said it had examined hundreds of pages of court documentation "kept under lock and key in the office of the court registrar" which contained a variety of claims against Hlongwane.
The newspaper reported on an affidavit it had seen -- written apparently by Deputy Director of Public Prosecutions Billy Downer -- which allegedly detailed payments of millions of pounds Hlongwane received from a company, Arstow, apparently linked to BAE. "There are reasonable grounds to believe that [Hlongwane] has committed the offences of corruption, fraud, money laundering and/or racketeering in the context of the arms deal," the newspaper quoted an extract of Downer's affidavit as saying. It also reported that Downer said in his affidavit that Hlongwane had "derived financial reward" from the arms deal. Hlongwane's lawyer Christo Stockenstrom was quoted as telling the Sunday Times: "I'm not going to comment on anything".
Source: Mail & Guardian
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