William Baloyi – Willie Seriti
15 March 2013
William Baloyi defends Chairperson Willie Seriti’s letter, says evidence and allegations not the same thing.
Arms Procurement Commission : Media Statement
The Commission has noted with concern the perception raised in a number of newspaper articles of the weekend of the 9th to 10th March 2013 and the immediately following days that this Commission does not intend, or seems to avoid, interrogating the allegations of corruption, fraud and other wrongdoing against the African National Congress (ANC), its officials, members and other people associated with it.
The perception or assertion arises from a letter dated 26 February 2013 that the Commission’s Chairperson had addressed to attorneys Abrahams Kiewits Incorporated of Cape Town in response to a demand that they made on behalf of their client, Mr Terry Crawford Browne, that we should summons the ANC and its officials to appear before the Commission to answer allegations against them and to produce certain documents (see below).
As is now the standard modus operandi of Mr Terry Crawford-Browne and his attorneys, correspondence exchanged between them and the Commission is routinely released to the media. No wonder that the letter in question is now in the public domain.
The demand to summons the ANC is a typical example of another unfortunate experience that the Commission has had in its interaction with Mr Terry Crawford-Browne and his attorneys, namely, the persistent attempt to prescribe to the Commission how to conduct its work, in particular, whom to call to appear before it and at what stage. We shall revert to the latter aspect in due course.
We are of the view that the statement that the Commission was not aware of the “evidence implicating the ANC” has been read out of context and blown out of proportion. Evidence and allegations are not the same thing. The Commission is fully aware of the various allegations levelled against some officials and the members of the ANC and other people associated with it.
These allegations form part of the on-going investigations that the Commission is busy with. In this regard, there is a tendency for some people, including, unfortunately, some media practitioners and commentators to elevate allegations to the status of evidence even before they have been tested in an appropriate forum. The fact is that even if there is evidence in the public domain implicating some people it still has to be tested for veracity and credibility before conclusions can be drawn.
We point out that the Commission is in possession of massive documentation containing information implicating many people and entities in the subject matter of our investigations. The public must understand that before the information is properly interrogated in the upcoming public hearings the Commission cannot be party to any exercise to canvass it in the public domain and bandy around the names of those implicated.
We have a duty to safeguard the information placed at our disposal and not to divulge it prematurely. Nor can we disclose the identities of the people implicated before they are given the opportunity to answer for themselves.
The principles of natural justice demand that we be fair to both the complainants and the suspects. For this reason, the witnesses who are given access to the documents in our possession cannot be allowed to divulge the information gained before the issues are ventilated in the public hearings.
The media statement that we issued on the 24th November 2012 wherein we announced the intention to commence with the public hearings on the 4th March 2013 was accompanied by a list of the witnesses to be called in the first phase of the public hearings.
We explained that most of these witnesses were selected based on their roles in exposing the allegations of fraud, corruption, impropriety or irregularity in the Strategic Defence Procurement Package. It may be recalled that the list include people who have written extensively on the subject and seem to have extensive knowledge of what transpired. It was imperative to fully canvass their evidence to lay the ground work for the subsequent hearings.
We made it clear then that it is in the subsequent phases that key people who were involved in the acquisition process as well as those who are implicated in allegations of wrongdoing will be called. This is how we planned to conduct the public hearings and that programme has not changed.
It is, however, not cast in stone and may be altered if circumstances demand it. But the decision as to whom to summons at what stage and which documents to call for falls within the exclusive discretion of the Commission and we will not be dictated to in this regard.
It is apposite at this stage to refer to paragraph 1.5. of the Terms of Reference:
“Whether any person/s, within and/or outside the Government of South Africa, improperly influenced the award or conclusion of any of the contracts awarded and concluded in the SDPP procurement process and, if so:
1.5.1 whether legal proceedings should be instituted against such persons, and the nature of such legal proceedings ….”
This is clearly one of the issues we must probe and to suggest that we will not investigate people involved in the government of South Africa is rather mischievous.
Finally, we have released a media statement explaining why the public hearings that were to start on the 4th March 2013 had to be postponed to the 5thAugust 2013 to run until the end of November 2013.
A revised programme of action and a schedule of witnesses to be called, the dates on which each will appear as well as the venue of the hearings will be released to the public timeously before the 5th August 2013. We trust that everybody, including the media, will give this Commission the space to focus on the preparations for those upcoming hearings and complete its investigations.
Statement issued by Mr William Baloyi, Spokesperson: Arms Procurement Commission, March 15 2013
Text of Judge Willie Seriti’s letter to Abrahams Kiewitz Attorneys:
Arms Procurement Commission
Private Bag X02
Tel: 012 358 3999
Fax: 012 358 3969
Abrahams Kiewitz Incorporated
For attention: Mr Charles Abrahams
Dear Mr Abrahams
1. Your letter dated 25 February 2013 has reference.
2. Currently, no evidence implicating the African National Congress has been brought to the attention of the Commission. Should such evidence come to light, the Commission will deal with the matter as it deems appropriate.
3. The Commission wishes to express its irritation with the persistent allegation by your client and yourselves that evidence leaders are kept in silos, implying that certain information is withheld from some ofthem. No evidence leader is kept in the dark about the activities of the Commission. We hope that this allegation will not be repeated. The incessant attempts to tell the Commission what to do should come to an end.
ARMS PROCUREMENT COMMISSION
Seriti JA JUDGE LW SERITI
Chairperson of the Commission