Durban - The DA has asked the government for the terms of reference for the panel appointed to probe claims made by the US ambassador to South Africa Reuben Brigety regarding the docking of a Russian ship in the Western Cape.
Brigety had alleged that weapons had been loaded on to the ship, Lady R, at Simon’s Town last December. Defence Minister Thandi Modise has denied this and Brigety has offered an apology to the government.
However, President Cyril Ramaphosa has appointed Judge Phineas Mojapelo to lead an inquiry. The panel also includes advocate Leah Gcabashe and Enver Surty.
The DA said it has submitted an application in terms of the Promotion of Access to Information Act (Paia) to obtain the panel’s terms of reference, while the party is obtaining legal advice to “challenge Ramaphosa’s plan to hide the report once it is complete”.
This comes after The Presidency said the terms of reference for the inquiry would not be gazetted nor published as the investigation covers issues of national security and classified information, which is protected from disclosure.
The panel has been tasked to establish persons who were aware of the cargo ship’s arrival, and, if any, the contents to be off-loaded or loaded, the departure and destination of the cargo. The panel will also evaluate whether constitutional, legal or other obligations were complied with in relation to the cargo ship’s arrival, its stay, the loading or off-loading of its contents, and its departure.
DA leader John Steenhuisen said hiding the panel’s findings will completely undermine the ability of prosecutors and the public to hold guilty parties accountable for any violations of the law. “Hiding the findings of the report will only further damage South Africa’s international standing, as it will create legitimate fears of a cover up.
“The fact that Ramaphosa has suddenly announced his intention to hide the report from the public suggests he has already become aware of incriminating information that he wants to hide from public view to protect his ANC government.”
Legal expert Mpumelelo Zikalala said questions will be raised about the attempt to classify material before the panel has started its work. “You cannot hide anything by simply saying it is a matter of national security because there is significant public interest in this.
“It will be possible to redact specific sections of the panel’s report but a blanket prohibition makes no sense – why declare that it will be classified before they know all the details.”
Zikalala said a judge will have to assess what type of evidence the government wants to protect. “This should not be a blanket prohibition. Instead, a case by case argument for classification makes more sense.”
The Russian embassy said on its website that Brigety should explain why Russia would need South African manufactured arms and ammunition matching neither the types nor calibres of the systems in service with Russia’s armed forces.
The Presidency condemned Brigety’s remarks, saying he did not follow diplomatic channels when he made allegations against the country.
It also disputed the allegations, saying it has no knowledge of any weapons being loaded on to a Russian ship; if this happened it would have been illegal.
Presidency spokesperson Vincent Magwenya said the panel will finalise its investigation within six weeks of its appointment and will submit its report to the President within two weeks of concluding its work.
The Department of International Relations and Co-operation (Dirco) has yet to decide what to do about the International Criminal Court (ICC) warrant of arrest issued for Russian President Vladimir Putin, ahead of his expected visit to the country. The ICC, of which South Africa is a full member, issued a warrant of arrest against Putin for alleged war crimes related to the abduction of children from Ukraine.