DA appeals Justice Department refusal to release Arms Deal information

In June 2008 the Democratic Alliance (DA) submitted two applications in terms of the Promotion of Access to Information Act (PAIA) to the Department of Justice in order to gain access to the mutual legal assistance (MLA) agreements between South Africa and the United Kingdom and Germany, on their investigations into the allegations of corruption surrounding the Arms Deal.

This followed the decision by German prosecutors to drop their investigation into German companies' alleged involvement in Arms Deal irregularities, apparently because of the failure by the South African government to provide them with critical information in this regard. These MLA documents would set out exactly what South Africa was asked to provide in order to assist with these investigations.

To date, both applications have been ignored, and no official response has been received from the Department, despite several follow-up attempts made by the DA.  The required period for reply has long since expired, and on this basis the DA has launched appeals on both applications.

Replies to three DA parliamentary questions (1) received this week indicate that the South African government does not regard any irregularities as having occurred during the arms procurement process. A reply from the Presidency further refutes allegations that it was the South African government's lack of cooperation which precipitated the Germans' dropping the case, suggesting that it was the German authorities themselves who were responsible.

According to the Minister in the Presidency, "The Department, after corresponding with the prosecutor's office, was awaiting further details from the German authorities, for instance concerning the names of alleged suspects and what assistance might be required, when the investigation was dropped." 

If this is really the case - if there were no irregularities in the arms deal, and the South African government has cooperated fully with German and British authorities throughout - then why is government so reluctant to hand over the MLA documents which would shed light on the details of their cooperation with the German and British authorities?

We take note of the fact that government has assured us that any new evidence that emerges will be investigated, especially in view of the fact that the Scorpions have opened their own investigation into the Arms Deal. The DA will ensure that the government honours its undertaking in this regard - particularly given its assurances that there is nothing to hide.

Statement issued by Eddie Trent MP, Democratic Alliance spokesperson on the arms deal, August 10 2008